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(영문) 의정부지방법원 2016.08.23 2016노1724

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 (one year of imprisonment) is too unreasonable.

2. Determination

A. It is recognized that the Defendant led to confession and reflects the instant crime.

B. However, the Defendant, without a driver's license, performed drinking in the state of drinking alcohol concentration of 0.103%. In particular, the driving of drinking is likely to cause harm to the life and body of others as well as the driver himself/herself, and thus there is a need to strictly punish it, the Defendant has been punished several times due to drinking and driving without a license, and the Defendant again committed the instant crime during the period of repeated offense due to the same crime, and there is no special change in circumstances after the pronouncement of the lower judgment, and there is no other change in circumstances after the sentence of the lower judgment, and there is no other conditions of sentencing as set forth in the argument of the instant case such as the Defendant's age, background of the crime, and circumstances after the crime. In full view of the aforementioned circumstances favorable to the Defendant, the lower court's punishment is too unreasonable even

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.