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(영문) 전주지방법원 2017.01.26 2016노1739
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (six months of imprisonment) is too unreasonable.

2. The conclusion that the Defendant recognized the instant crime and reflects the mistake, provided that he/she must support the wife and minor children, and that he/she does not repeat again.

It is hard to say that it is favorable to the defendant.

On the other hand, the crime of this case was committed by the defendant who has been punished twice or more due to drinking without a driver's license, and the quality of the crime is not less severe, the defendant has already been subject to criminal punishment several times due to driving of alcohol, and on July 5, 2016, the Jeonju District Court sentenced two years of suspended sentence to imprisonment for a violation of the Road Traffic Act (dacting) at the former District Court on July 5, 2016, and did the crime of this case without being aware of the fact that the defendant was under suspended sentence, and the blood alcohol concentration level of the defendant was very high 0.254% at the time of detection, and driving of alcohol is a crime that may cause serious danger to the life and property of others, and thus, it is disadvantageous to the defendant.

In full view of the above circumstances and other factors of sentencing, including the background of the instant crime, the Defendant’s age, sexual conduct, and environment, etc., the lower court’s punishment is too unreasonable as it is too unreasonable, and thus, 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 grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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