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(영문) 대전지방법원 2017.12.06 2017노3097

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 (six months of imprisonment) is too unreasonable.

2. The Defendant’s judgment recognized the instant crime and against the mistake, and did not repeat the crime.

A relatively short distance from drinking, driving under the influence of alcohol has been relatively short, the defendant supports his wife and children, and the health status is not good.

However, the crime of drinking driving is an offense that may cause harm to the life and property of others as well as himself/herself, and there is a need to strictly punish the defendant, and there is a record that the defendant has been punished several times for the same kind of crime including the sentence of imprisonment, and the defendant repeatedly commits the crime of this case without being aware of it during the period of repeated crime due to the same crime.

In full view of the fact that there are no special circumstances that the original judgment and the punishment are different from the original judgment in the sentencing conditions indicated in the records, such as the above circumstances and the Defendant’s age, sexual conduct, environment, motive, means and consequence, etc., the lower court’s punishment is too unreasonable.

Therefore, the defendant's assertion is without merit.

3. As such, the Defendant’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that it is without merit, and it is so decided as per Disposition (Provided, That it is obvious that the “Article 35 of the Criminal Act of 1. Aggravation of Cumulative Offense” was omitted in the front of the “reduction of 1. Aggravation” in the application of the law of the lower judgment, and therefore, it is corrected to add it ex officio in accordance with Article 25(1) of the Rules on