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(영문) 전주지방법원 2016.10.07 2016노1049
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor and two months) of the lower court is too unreasonable.

2. Determination is the circumstances favorable to the Defendant that the Defendant recognized the instant crime and reflects the mistake, and that is not good for economic circumstances.

On the other hand, the crime of this case is a situation unfavorable to the defendant, such as the fact that the defendant who violated the prohibition of drunk driving more than twice is driving more than three times, and the nature and circumstances of the crime are significant, the blood alcohol concentration of the defendant at the time of detection was very high to 0.314%, 0.217%, and 0.234%, and the defendant committed the crime of this case repeatedly over three times during the period in which the defendant was in a fire.

In full view of the above circumstances and other circumstances, the Defendant’s age, character and conduct, environment, etc. as well as the various sentencing conditions indicated in the instant records and arguments, the lower court’s punishment is too unreasonable, and thus, the Defendant’s assertion is without merit.

3. In conclusion, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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