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(영문) 의정부지방법원 2016.06.24 2015노3338
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence (3 million won in penalty) imposed by the court below on the defendant is too unreasonable.

2. The following are the circumstances favorable to the Defendant: (a) the Defendant recognized the instant crime and appeared to reflect the attitude of the Defendant; (b) the risk of traffic accidents caused by drinking driving is not realized; and (c) the distance from driving under drinking is relatively short.

However, driving of drinking is a serious crime causing danger to the life and body of himself/herself and others, and the revised Road Traffic Act strengthens criminal punishment by raising the statutory punishment for it, and the degree of alcohol concentration at 0.131% is relatively high, and there is a record of being punished for driving of the same kind of drinking, and considering the various circumstances of the defendant, the court below seems to have sentenced the lowest amount of statutory punishment (3 million won). The court below is to have sentenced to the maximum amount of statutory punishment in full view of the fact that there is no special change in circumstances that may reduce the sentence of the defendant, and considering the sentencing balance with the same and similar cases of the defendant, as well as all other factors of sentencing as indicated in the records and theories of this case, such as the defendant's age, sex, environment, process and method of the crime, circumstances after the crime, and criminal record, etc., the sentence imposed by the court below is appropriate and too unreasonable.

Therefore, 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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