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(영문) 의정부지방법원 2016.10.13 2016노1954

도로교통법위반(음주운전)등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable, due to the summary of the grounds for appeal.

2. It is recognized that the facts constituting the instant crime need to be considered in equity with the case where the judgment was rendered at the same time as the criminal records recorded in the judgment of the court below, which are related to the latter part of Article 37 of the Criminal Act.

However, the defendant commits a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving), a violation of the Road Traffic Act (driving without a license) and a violation of the Road Traffic Act (driving without a license) and again commits a drunk driving under a license while under criminal trial. Therefore, it is necessary to punish the defendant in order to achieve the preventive purpose of the

In full view of the above circumstances and the Defendant’s age, character and conduct, environment, family relationship, motive, background, means and consequence of the crime, and the circumstances after the crime, etc., the lower court’s punishment is too unreasonable.

Therefore, 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 ground that it is without merit. It is so decided as per Disposition.