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(영문) 의정부지방법원 2017.01.24 2016노3414
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 (one year 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, even if the Defendant was driving a vehicle under the influence of 0.111% alcohol concentration in blood, but the Defendant again driven the vehicle without a driver's license under the influence of 0.132% alcohol concentration in blood without a driver's license even though the trial was pending, and the Defendant committed the instant crime during the repeated period due to a crime of interference with the performance of official duties, taking into account the following circumstances: (a) the Defendant's age, criminal background, and circumstances favorable to the Defendant, even if taking into account the aforementioned circumstances favorable to the Defendant, the lower court's punishment 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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