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(영문) 전주지방법원 2016.07.15 2016노388

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 (six months of imprisonment) is too unreasonable.

2. The following are the circumstances favorable to the Defendant: (a) the Defendant recognized the instant crime and reflects the mistake in depth; (b) must support the wife and her children; and (c) the Defendant’s family and her branch want to grow up with the Defendant’s preference.

On the other hand, the crime of this case was committed by the defendant who has been punished twice or more due to drinking driving again, which is not good to the quality of the crime, the defendant has been sentenced to a fine on one occasion for the same crime even before, and a suspended sentence on two occasions, and in particular, on October 8, 2014, in the Gunsan Support of the Jeonju District Court, he was sentenced to a suspended sentence of one year for the crime of violation of road traffic law (driving), and committed the crime of this case without being aware of the fact that he was under the suspended sentence of three years, and the driving of drinking is a crime that may cause serious danger to the life and property of others, and therefore there is a need to strictly punish 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.