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(영문) 의정부지방법원 2017.01.24 2016노3285

도로교통법위반(음주운전)등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (eight months of imprisonment) is too unreasonable.

2. Determination

A. It is recognized that the defendant confessions the crime of this case and reflects the defendant, and that there is a family member to support the defendant.

B. However, in light of the fact that the Defendant committed an act of driving without a license under the influence of 0.153% alcohol concentration in blood, and the Defendant repeated driving and driving of alcohol using the instant car-driven vehicle, which is an exclusive owned vehicle, and the quality of the crime is bad, and the driving of drinking brings about a danger to the life and body of others as well as the driver, and thus, there is a need to strictly punish it, and the Defendant has the record of criminal punishment on three occasions due to drinking driving. In particular, the Defendant has the record of having been sentenced to a suspended sentence due to the Defendant’s act of driving alcohol while driving alcohol, and in full view of various circumstances that are favorable to the Defendant, such as the age of the Defendant, the background of the crime, and the circumstances after the crime, etc., even if considering the above circumstances favorable to the Defendant, the lower court’s punishment is too unfair.

Therefore, the defendant's above assertion 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 grounds that the defendant's appeal is without merit. It is so decided as per Disposition.