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(영문) 전주지방법원 2016.12.09 2016노1244

도로교통법위반(음주운전)

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for up to eight months) of the lower court is too unreasonable.

2. The circumstances favorable to the Defendant include: (a) the Defendant recognized the instant crime and reflects the mistake; (b) the health status is not good due to class 6 of the physical disability; and (c) the support for the two children, etc.

On the other hand, the crime of this case was committed after the expiration of the parole period on August 6, 2014, and again committed the crime of this case during the repeated period after the expiration of the parole period on August 6, 2014, and the blood alcohol concentration of the defendant was considerably high to 0.210% at the time of detection, and thus, was disadvantageous to the defendant. In addition, the crime of this case was committed against the defendant.

In full view of the above circumstances and other circumstances, the Defendant’s age, character and conduct, environment, etc. as well as the various sentencing conditions indicated in the instant records and arguments, the lower court’s punishment is too unreasonable, and thus, the Defendant’s assertion is without merit.

3. In conclusion, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.