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(영문) 의정부지방법원 2016.08.18 2016노1133
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the imprisonment of eight months, the suspension of execution of two years, the observation of protection, community service, 120 hours, and 40 hours of lecture) imposed by the court below is too unreasonable.

2. It is recognized that the Defendant’s blood alcohol concentration was not significantly high at the time of the instant crime.

However, the defendant has committed a crime of drinking again under the influence of a driver without a license since his/her driver's license was revoked due to a crime of violating the Road Traffic Act (drinking) and has been sentenced to a fine of high amount, and the nature of such crime is not easy.

Since the defendant has already been punished three times for the same crime, in order to achieve the preventive purpose of punishment, a strict punishment against the defendant is inevitable, and there is no special change of circumstances that make the judgment of the court below different from the punishment of the court below.

In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, and the circumstances after the crime, etc., the lower court’s punishment cannot be deemed unfair because it is too unreasonable.

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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