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(영문) 의정부지방법원 2016.08.09 2016노1594

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 (10 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.

B. However, in full view of the following circumstances: (a) the Defendant was sentenced to a suspended sentence due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (i.e., an escape vehicle); (b) the Defendant had the record of being sentenced to a fine due to drinking or non-licensed driving on five occasions; (c) the Defendant once again driven on May 9, 2015 without being aware of the fact that he was under the influence of driving on March 22, 2015; (d) the alcohol concentration in blood was considerably high at 0.208%, and 0.210%; and (e) the driving of alcohol causes danger to the life and body of others as well as the driver; and (c) there is a need to strictly punish the Defendant; and (d) other various circumstances favorable to the Defendant, such as the Defendant’s age, background of the crime, and circumstances after the crime, etc., the lower court’s sentence is too unreasonable even if considering the favorable circumstances of the Defendant.

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.