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(영문) 대전지방법원 2017.02.15 2016노2994

도로교통법위반(음주운전)

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (six months of imprisonment) is too unreasonable.

2. It is recognized that there are favorable circumstances, such as the defendant's time to commit the instant crime.

However, according to the circumstances such as the fact that the defendant committed the crime of this case even though he had been punished several times, including the punishment of suspended sentence due to the crime of drinking driving, and that the blood alcohol concentration level at the time was considerable, in fact, the defendant was locked while driving while under the influence of alcohol, and thereby, the motor vehicle is stopping on the road, etc., causing a substantial danger to road traffic, and the distance of the defendant driving under the influence of alcohol is not short.

In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, motive, means and consequence, there is no special change in circumstances that make the sentence different from the original judgment, such as the circumstances after the commission of the crime, the lower court’s punishment is too unreasonable.

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.