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(영문) 의정부지방법원 2016.05.27 2016노795
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (six months of imprisonment) is too unreasonable.

2. The circumstances are favorable to the Defendant, such as the fact that the Defendant recognized the instant crime, and the Defendant’s recognition of the instant crime, and the fact that the risk of traffic accidents caused by driving under drinking is not realized, and that the wife and her children are supporting the wife and her children.

However, drinking driving is a serious crime that may endanger the life and body of himself/herself and others, and the revised Road Traffic Act strengthens criminal punishment by raising the statutory punishment for it, and the degree of alcohol concentration in blood is 0.183%, and has the records of punishment several times due to driving of the same kind of drinking (3 times a punishment, 2 times a suspended sentence, 1 time a sentence). In particular, there is a high possibility of criticism for again committing the crime of this case during the repeated period of repeated crime of the same kind of crime. The court below seems to have sentenced the maximum imprisonment with prison labor (6 months a prison term) as the applicable punishment by fully taking into account various circumstances of the defendant. The court below's sentencing balance with the same and similar cases, and other factors such as the defendant's age, sex, environment, background, method of crime, method of crime, criminal records, family relation, etc., are considered to be unfair and unfair considering the records and changes in the punishment of this case.

Therefore, the defendant's 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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