(영문) 의정부지방법원 2017.03.24 2017노96

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(영문) 의정부지방법원 2017.03.24 2017노96

도로교통법위반(음주운전)

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The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the lower court sentenced the Defendant (six months of imprisonment) is too unreasonable.

2. The judgment of the defendant recognized the crime of this case and reflects the fact that the defendant is the child to be supported by the defendant and the mother who is in a closed cancer, and that the family members and branch members of the defendant want to take the post, etc. are favorable to the defendant.

However, the crime of this case is committed under the influence of alcohol by the defendant while under the influence of 0.162% of alcohol content, and the liability for the crime is not against the law. On January 12, 2007, the defendant was sentenced to imprisonment for 2 years as a result of driving under the influence of alcohol on August 12, 2007 and was sentenced to imprisonment for 2 years as a result of the crime of driving under the influence of alcohol, and there was a five-time criminal record of driving under the suspension of the execution of imprisonment or a fine. Besides, the defendant committed the crime of this case during the period of the suspension of the execution of imprisonment as a result of the first head of the judgment of the court below, and the defendant committed the crime of this case during the period of the suspension of the execution of imprisonment as a result of the first head of the judgment of the court below, despite being sentenced to a fine due to favorable circumstances as seen earlier

In light of the above circumstances and the fact that there is no change in special circumstances that may be considered in sentencing after the sentence of the lower judgment, and the sentencing conditions indicated in the records and arguments, such as the Defendant’s age, sexual conduct, environment, and circumstances after the crime, are equally considered, the sentence that the lower court sentenced to the Defendant is too unreasonable.

Therefore, we cannot accept the defendant's above assertion.

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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