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(영문) 의정부지방법원 2019.05.30 2018노3757
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal and the sentencing (in original case: Imprisonment with prison labor for ten months);

2. The Defendant, prior to the instant crime, has been punished twice as a drunk driving, and among them, the Defendant attempted to leave the scene as he was discovered by a police officer while driving a drunk, and during that process, was sentenced to a suspended sentence of imprisonment with prison labor due to a drunk driving and a crime of obstruction of performance of duties, such as committing a drunk driving and a crime of obstruction of performance of duties.

Nevertheless, the defendant was driving under the influence of alcohol in this case during the period of suspension of execution, which caused a traffic accident, and even in the absence of the court below's decision.

Considering the above circumstances, the Defendant shall be held liable with severe responsibility.

Even though there are circumstances that may be taken into account such as the defendant's recognition of the crime of this case, and the fact that the defendant seems to have a family member to support, considering all the circumstances that are the conditions for the sentencing of this case as indicated in the records, such as the defendant's age, character and conduct, environment, background of the crime, and circumstances after the crime, the lower court's punishment is deemed reasonable and too unreasonable, and thus, it does not accept the defendant's assertion of unfair

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

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