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(영문) 대전지방법원 2014.11.06 2014노2572
도로교통법위반(음주운전)
Text

Defendant

The appeal is dismissed.

Reasons

Summary of Grounds for Appeal

(F) The sentence of imprisonment (eight months of imprisonment) of the court below is too unreasonable.

Judgment

It is reasonable to take into account the following circumstances: (a) the Defendant has a depth and reflects his mistake; (b) the Defendant has not caused traffic accidents; and (c) the Defendant again has a hard sense to avoid such crimes, such as taking a drinking clinic, etc.

However, in full view of the fact that the Defendant was punished several times due to drinking driving, etc. and that the Defendant was punished as a fine and a sentence of punishment for the same kind of crime without being aware of it even though it was a repeated crime period, and that blood alcohol concentration is considerably high, and that all of the sentencing conditions such as Defendant’s age, character and behavior, environment, motive for crime, means and consequence, etc. after the crime, it is not recognized that the sentence of the lower court is too unreasonable.

In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit.

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