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(영문) 의정부지방법원 2017.02.07 2016노3420
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 (eight months of imprisonment) is too unreasonable.

2. Determination

A. It is recognized that the Defendant confessions the instant crime and reflects the Defendant, and that the Defendant’s health condition is not good.

B. However, the defendant repeated driving and driving without a license in several times, and the quality of the crime is not very good, the defendant has been punished several times due to drinking driving and driving without a license, and the crime of this case has been committed during the suspension of execution due to drinking, etc., and in particular, during the suspended execution period due to drinking, he was under detention due to driving without a license, and again was under detention due to driving without a license and driving without a license again while being tried for concurrent trial, and the driving without a license again was under concurrent trial, and the latter causes danger to the life and body of others as well as the driver, and thus there is a need to strictly punish the driving, and there is no change of circumstances after the sentence of the judgment of the court below, and there is no other reason to change the circumstances after the sentence of the court below, and considering the above circumstances, even if the court below's sentence favorable to the defendant is considered, it cannot be determined that the sentence is too unfair because it is too unfair for the defendant to impose the sentence in the argument of this case.

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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