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(영문) 청주지방법원 2017.01.12 2016노1188
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (six months of imprisonment) is too unreasonable.

2. Circumstances favorable to the defendant are as follows.

The defendant is deeply divided into and reflected in the crime of this case.

The defendant has no previous convictions of imprisonment.

It is not good that the health of the defendant is not good and that the family should be supported.

Circumstances unfavorable to the defendant are as follows:

In 204, the defendant was sentenced to a fine of KRW 1,00,000 due to driving of light alcohol in 200, a fine of KRW 3,000,00 due to driving of light alcohol in 2013, and a fine of KRW 5,00,00 by causing a traffic accident while driving of light alcohol in 2015.

In 2015, the Defendant was sentenced to imprisonment with prison labor for six months and one year of suspended sentence, and again committed the instant crime during the suspended sentence period, due to the crime that the Defendant committed an assault to a police officer demanding a measurement of light drinking in order to obstruct the performance of official duties.

At the time of the instant crime, the Defendant’s blood alcohol concentration was 0.161%, and the Defendant was under the influence of alcohol to the extent that he was diving in the direction of the signal.

In addition to the above circumstances, considering the Defendant’s age, sex, career, environment, background and consequence of the crime, and all of the sentencing conditions indicated in the instant records and arguments after the crime was committed, the lower court’s punishment cannot be deemed to be unduly unreasonable.

3. 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. It is so decided as per Disposition.

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