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(영문) 청주지방법원 2016.11.18 2016노1086
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable.

2. The lower court determined the Defendant’s punishment by taking account of the following circumstances confirmed through the entire records and the purport of the pleading.

Normal circumstances that are favorable to the defendant's recognition of the crime of this case: ① The defendant immediately drives the alcohol until 06:15 on the day of the crime of this case, and was highly high in blood alcohol level at the time. In light of the above drinking and driving circumstances, the defendant's liability for the crime of this case is heavy; ② although the defendant had had been already punished twice due to drinking driving, it is judged that the crime of this case is low and the risk of recidivism is high, and there is a circumstance that the defendant has to support his father who is not good in health in addition to the above favorable circumstances as stated by the court below.

However, in light of the above unfavorable circumstances, in particular, even though the Defendant had had the record of being subject to the suspended sentence due to the fact that he had escaped without taking relief measures even though he had caused a traffic accident due to drinking driving in 2009, it is difficult to find out the circumstances such as the fact that the risk of recidivism is high, and the fact that the court below's sentencing is judged to have exceeded the reasonable limit of discretion, or that it is unreasonable to maintain the judgment of the court below as it is, considering the following factors: (a) it appears that the risk of recidivism is high; and (b) it is deemed that the judgment of the court below exceeded the reasonable limit of discretion; and (c) it is deemed that the judgment of the court below

Therefore, we cannot accept the defendant's argument during the sentencing.

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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