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(영문) 전주지방법원 2016.09.30 2016노862

도로교통법위반(음주운전)

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (amounting to four million won) is too unreasonable.

2. The circumstances favorable to the Defendant are the following: (a) the Defendant’s recognition of the instant crime and reflects the mistake; and (b) the fact that it appears that there is no economic situation due to the grade 3 of the delayed disability.

On the other hand, the crime of this case is committed by the defendant while under the influence of alcohol 0.23%, and the quality of the crime is not less than that of driving freight in about 800 meters, even though the defendant had already been subject to criminal punishment due to driving under drinking, the defendant committed the crime of this case in addition, even though he had the record of criminal punishment due to driving under drinking, the defendant's blood alcohol concentration at the time of detection was very high to 0.233%, and driving under the influence of alcohol may cause serious danger to the life and property of another person who is not only himself, and thus, it is necessary to strictly punish the defendant. The court below imposed a fine reduced than the summary order in consideration of the favorable circumstances of the defendant.

In full view of the above circumstances and other factors of sentencing, including the background of the instant crime, the Defendant’s age, sexual conduct, and environment, etc., the lower court’s punishment is too unreasonable as it is too unreasonable, and thus, the Defendant’s 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.