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(영문) 의정부지방법원 2017.02.07 2016노3454

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 (10 months 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 committed the instant crime on April 30, 2015 and was released on parole on April 30, 2015 and again committed the instant crime during the period of repeated crime. Comprehensively taking into account the following circumstances, the Defendant’s age, background of the crime, and circumstances after the sentence of the lower judgment, comprehensively taking into account: (a) the Defendant’s age, circumstances, and conditions for sentencing as indicated in the instant argument, such as: (b) the driving of a motor vehicle is not good; (c) there is a need to severely punish the Defendant as well as his/her life and body; and (d) the Defendant was punished for drinking or driving without a license four times; and (c) the Defendant committed the instant crime after being released on April 30, 2015; and (d) there is no special change of circumstances after the sentence of the lower judgment; and (d) there is no reason to change the circumstances after the sentence of the lower judgment; and (e) the Defendant’s age, circumstance of the crime, and circumstances after the crime.

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.