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(영문) 대전지방법원 2016.12.21 2016노2877
도로교통법위반(음주운전)등
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. The judgment of the defendant is recognized as favorable circumstances such as the defendant's time to commit the instant crime and the fact that the drinking alcohol was caused by the drinking alcohol prior to the crime day.

However, according to the circumstances such as the fact that the Defendant was driving without a driver's license without a mandatory insurance and caused considerable and concrete dangers to road traffic because the Defendant was not covered by mandatory insurance, and that the Defendant again committed the instant crime even though he was repeatedly punished for the same kind of crime for several years, it is not possible to find out the form against the Defendant. Therefore, it is reasonable to put him to a strict punishment.

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.

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