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(영문) 의정부지방법원 2016.05.24 2016노347

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 (an amount of KRW 1.5 million) is too unreasonable.

2. Determination

A. The Defendant’s confession and reflects the instant crime, and the Defendant’s drinking figures are 0.057% high.

It can not be seen, and it is recognized that the economic situation of the defendant is not good.

B. However, in full view of the following circumstances: (a) the Defendant had been punished several times due to drinking, driving without a license, and driving without a license; (b) driving of drinking brings about harm to the life and body of others as well as his/her driver; and (c) there is a need to severely punish him/her; and (d) there is no special change in circumstances after the decision of the lower court was made; and (b) other various circumstances that form the conditions for sentencing specified in the instant pleadings, such as the Defendant’s age, circumstances leading to the crime, and circumstances after the crime, the lower court’

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.