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(영문) 춘천지방법원 강릉지원 2017.04.20 2016노560
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 is too unreasonable as the punishment (amounting to five million won) imposed by the court below is too unreasonable.

2. The circumstances that are favorable to the defendant, such as the fact that the defendant recognized the crime of this case and the defendant driven a bicycle.

However, considering the fact that blood alcohol concentration is considerably high, that the defendant has been punished several times due to drinking and non-licensed driving (six times a punishment penalty, one time a suspended sentence of imprisonment), particularly the fact that the defendant committed the crime of this case during the suspended sentence due to drinking and non-licensed driving, and other various circumstances such as the defendant's age, sexual conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, it cannot be said that the court below's sentence which sentenced the maximum sentence of punishment by selecting a fine among the statutory penalty is too unreasonable.

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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