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(영문) 전주지방법원 2016.07.29 2016노640
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 (two months of imprisonment) is too unreasonable.

2. The circumstances favorable to the Defendant include: (a) the fact that the Defendant recognized the instant crime and reflects the wrongness of the Defendant; (b) the support for the mother of 84 years old; and (c) the Defendant’s family members and branch members want to grow up with the Defendant’s preference.

On the other hand, the crime of this case is committed by a defendant who has been punished twice or more due to drinking without a driver's license and is not good in quality of the crime. Since driving of drinking is a crime that may infringe on the life, body, etc. of a person with no driver's license, it is necessary to strictly punish him. The defendant has already been subject to criminal punishment four times due to driving of drinking. On April 3, 2015, the former District Court sentenced two years of suspended sentence to imprisonment with prison labor for a violation of the Road Traffic Act at the former District Court on April 3, 2015, and did not know that he committed the crime of this case while he was under suspended sentence, and the alcohol concentration level at the time of detection was relatively high to 0.143%.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the Defendant’s age, sexual conduct, environment, etc., and various sentencing conditions as shown in the instant records and arguments, the lower court’s punishment is too unreasonable, and thus, 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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