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(영문) 대전지방법원 2016.06.29 2016노1016

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 (the imprisonment of eight months) is too unreasonable.

2. The judgment is deemed to have taken account of the fact that the Defendant was waiting for the instant crime, but at the time, there was a very high alcohol concentration of the Defendant’s blood while driving, the Defendant was under the influence of alcohol to the extent that he was under the influence of alcohol, which resulted in considerable and detailed danger to road traffic, such as stopping of the vehicle while driving the vehicle while driving the vehicle, and the Defendant again committed the instant crime even though he had been punished several times due to the drinking alcohol driving, and the driver’s license was revoked, considering the fact that the Defendant again committed the instant crime, it is deemed that the Defendant cannot expect the opening of the sentence. Therefore, it is inevitable to punish the Defendant as a sentence.

Comprehensively taking account of the above circumstances and the Defendant’s age, sexual conduct, environment, motive, means and consequence, there is no special change in circumstances that make the sentence different from the original judgment, such as the circumstances after the crime, the lower court’s punishment is too 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.