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(영문) 의정부지방법원 2017.01.10 2016노3204
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 (6 months of imprisonment) is too unreasonable.

2. Determination

A. It is recognized that the defendant confessions the crime of this case and reflects the defendant.

B. However, in full view of the following circumstances: (a) the Defendant, without a driver’s license, driving a vehicle under the influence of 0.166% alcohol concentration in blood while driving the vehicle and having the record of being punished for drinking or non-licenseing the vehicle five times; (b) the Defendant committed the instant crime during the suspension period of execution due to the same crime; (c) the driving of drinking constitutes the instant crime not only the driver but also the other person’s life and body; and (d) there is a need to strictly punish it; and (e) other circumstances that form the conditions for sentencing as indicated in the instant pleadings, such as the Defendant’s age, background of the crime, and circumstances after the crime, are considered, even if the lower court’s sentence is too unreasonable.

Therefore, the defendant's above 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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