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(영문) 춘천지방법원 2014.10.08 2014노534
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for six months) that the court below sentenced against the defendant is too unreasonable.

2. Although there are favorable circumstances such as the fact that the defendant's mistake is divided and reflected, the blood alcohol concentration at the time of the crime of this case is very high to 0.25%, the records of punishment for the same crime are included several times, the court below's choice of imprisonment and then sentenced the lowest punishment within the applicable range through discretionary mitigation. The current Road Traffic Act provides that the prohibition clause on drinking driving shall be punished more strictly when the person who violated the provision two times or more for the purpose of preventing driving under the influence of alcohol again, and driving under the influence of 0.2% or more of the blood alcohol concentration when he drives under the influence of alcohol, and considering the motive and background leading up to the crime of this case, age after the crime of this case, personality and behavior, environment of the defendant, etc., the above argument by the court below is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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