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(영문) 의정부지방법원 2016.06.21 2016노1061
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the reasons for appeal (4 months of imprisonment) is too unreasonable.

2. Determination

A. It is recognized that the Defendant, who led to the instant crime, led to the confession of and reflect on the instant crime, and the economic situation is difficult.

B. However, in full view of the following circumstances: (a) the Defendant was punished on two occasions by drinking alcohol driving; (b) five times the history of punishment for driving without a license; and (c) the record of punishment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (i.e., an escape vehicle); (b) drinking driving brings about harm to the life and body of other persons as well as his/her driver; (c) there is a need to strictly punish it; (d) there is no special change in circumstances after the decision of the lower court was made; and (e) other circumstances that form the conditions for sentencing specified in the instant pleadings, such as the Defendant’s age, background of the crime, and the circumstances after the crime, etc., even if

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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