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(영문) 의정부지방법원 2016.10.07 2016노1680

도로교통법위반(음주운전)

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant to the penalty (4 million won of a fine) is too unreasonable.

2. The circumstances are favorable to the defendant, such as the fact that the defendant recognized the crime of this case and appeared to reflect, the distance of drunk driving is relatively short, and that there was a history of punishment several times as a crime of drunk driving prior to the instant case, but all of the facts that prior to 2005 are prior to the instant case are favorable to the defendant.

However, drinking driving is a serious crime causing danger to the life and body of himself/herself and other persons, and the revised Road Traffic Act strengthens criminal punishment by raising the statutory punishment for it, highers the blood alcohol level by 0.156%, the risk of traffic accidents caused by drinking driving, etc. is realized. The court below seems to have partially reduced the fine issued in the summary order by fully considering the defendant's circumstances, such as the fact that there is no special change in circumstances that can reduce the sentence of the court below, and taking into account all kinds of sentencing conditions of the records and arguments of this case, such as the defendant's age, character, environment, background and method of the crime, circumstances after the crime, criminal records and arguments, etc., the sentence imposed by the court below cannot be deemed to be unfair because it is proper and too unreasonable.

Therefore, the defendant's assertion is without merit.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.