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(영문) 대전지방법원 2016.10.05 2016노2105

도로교통법위반(음주운전)

Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (eight months of imprisonment) is too unreasonable.

2. It is recognized that there are favorable circumstances, such as the fact that the Defendant was committed both in the instant crime, and the fact that the Defendant disposed of the motor vehicle while having committed no second offense.

However, according to the circumstances such as the fact that the blood alcohol concentration level at the time of the defendant was very high, that the defendant was under the influence of alcohol to the extent of losing consciousness by driving on the road while driving, and that the crime of this case resulted in considerable and specific danger to road traffic, it is inevitable to punish the defendant as a sentence.

In full view of the above circumstances and the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, there is no special change of circumstances that make the original judgment and the punishment different from the circumstances after 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 ground that it is without merit. It is so decided as per Disposition.