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(영문) 춘천지방법원 강릉지원 2016.07.21 2016노198
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the court below (one month of imprisonment) is too unreasonable.

2. A favorable circumstance, such as the recognition and reflection of the instant crime by the Defendant.

However, in full view of the following circumstances: (a) the blood alcohol concentration is considerably high; (b) the Defendant has been punished several times, including three times of suspended sentence for the same crime; (c) the Defendant committed the instant crime without being aware of being sentenced to a fine by driving two times or more during the period of suspended sentence due to drinking driving; (d) the Defendant committed the instant crime without being aware of the fact that there is no change in circumstances that the lower court and the punishment are different; and (e) the Defendant’s age, sex, sex, environment, motive, means and consequence of the crime; and (e) other circumstances that form the conditions for the sentencing specified in the instant case, such as the circumstances after the crime, etc., it cannot be deemed unfair because the lower court’s sentence which was sentenced to the maximum sentence of punishment under the law is too excessive due to a small amount mitigation.

Defendant’s assertion is without merit.

3. The appeal by the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.

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