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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 전주지방법원 2014.04.25 2014노189
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court against the accused (six months of imprisonment) is too unreasonable.

2. The judgment shows the attitude of the defendant to make a confession and reflect on the crime of this case, the defendant supports his wife and five children in an economically unsatisfy situation, and the defendant's drinking operation does not seem to have any particular traffic obstacle. However, the defendant has the ability to be punished several times due to drinking driving, and in particular, the defendant committed the crime of this case without being subject to repeated crime due to drinking driving, and there is no objective evidence consistent with the defendant's argument that he drinks more drinking after moving the vehicle. Considering this, the blood alcohol concentration of the defendant is very high to 0.23%, even after moving the vehicle, the distance of the defendant's blood alcohol concentration reaches 7 km, and the sentencing conditions of this case, such as the defendant's age, character, environment, family relationship, circumstances after committing the crime, etc., the above argument of unfair sentencing cannot be justified.

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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