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(영문) 의정부지방법원 2016.12.13 2016노2874
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 a period of three years, community service, 80 hours, and 40 hours of compliance driving) of the lower court is too unreasonable;

2. Determination

A. It is recognized that the defendant confessions the crime of this case and reflects the defendant.

B. However, in full view of the following circumstances: (a) the Defendant has five times the history of punishment for drunk driving; (b) the driving of a vehicle under the influence of 0.218% alcohol concentration with blood alcohol; and (c) the quality of such crime is not very good; (d) drinking driving brings about harm to the life and body of others as well as his/her driver; and (e) there is a need to strictly punish him/her; and and (e) other circumstances that form the conditions for sentencing specified in the instant argument, including the Defendant’s age, circumstances leading to the crime, and the circumstances after the crime, etc., the lower court’s punishment is too unreasonable even if considering the favorable circumstances

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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