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(영문) 청주지방법원 2015.12.18 2015노1229
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (eight months of imprisonment) is too unreasonable.

2. The Defendant appears to have committed all the instant crimes from the first investigative agency to the trial of the case, and committed his mistake.

In addition, the first crime of driving under the influence of alcohol in this case seems to have been committed while driving a vehicle while driving the vehicle in the situation where the defendant completed the driving on his behalf at night and takes a drinking again after drinking back to his house, and then he did so.

In addition, the fact that the defendant has no record of punishment for the same crime before the crime of this case was committed by the defendant, the fact that the defendant does not have the record of punishment for the same crime, and that the defendant is the most difficult economic situation to support his wife and his wife who is a middle student, are considered in favor of

However, in light of the fact that the Defendant driven a vehicle while under the influence of 0.130 percent of blood alcohol concentration, and that the Defendant again driven the vehicle while under the influence of 0.148 percent of blood alcohol concentration in this frame and that the Defendant again driven the vehicle under the influence of 0.148 percent of blood alcohol concentration in this frame, and that the blood alcohol concentration is not lower, and that the same kind of crime is repeated during a short time, the punishment of illegality is more serious.

Furthermore, the defendant was sentenced to imprisonment with prison labor for six months for a violation of the Punishment of Violences, etc. Act (a collective crime, a deadly weapon, etc.) on February 7, 2014 and the same year.

7. 15. On August 9, 2014, the judgment became final and conclusive and conclusive, and even if the Chungcheong detention house completed the execution of the sentence, and was a repeated offender for whom more than one year has passed, the instant crime was committed.

In addition, it is difficult to see that the defendant was under the risk of re-offending due to the same crime before the crime of this case was committed, including one suspended sentence, six times a fine, etc., and there was a history of punishment for other crimes, one suspended sentence, three times a suspended sentence, and multiple fines, and the circumstances that are favorable to the defendant are already committed in the court below.

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