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(영문) 의정부지방법원 2016.12.13 2016노2928
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for up to six months) of the lower court is too unreasonable.

2. Determination

A. It is recognized that the Defendant led to confession and reflect on the instant crime, and that the Defendant’s family members or branch members want to leave the Defendant’s wife.

B. However, in full view of the following circumstances: (a) the Defendant was running under the influence of alcohol concentration of 0.298%; (b) the Defendant was punished four times due to drunk driving and driving without a license; (c) the Defendant was sentenced to two years of suspended sentence in August due to drinking and driving without a license in 2013; and (d) the drinking driving causes not only the driver but also the life and body of others; (b) there is a need to strictly punish the driving; (c) there is no special change of circumstances after the issuance of the lower judgment; and (d) there is no other condition attached to the sentencing as indicated in the instant argument, including the Defendant’s age, circumstances leading to the crime, and after the crime, etc., even if considering the favorable circumstances of the Defendant as seen earlier, 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 since it is without merit. It is so decided as per Disposition.

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