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(영문) 의정부지방법원 2016.06.28 2016노906
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (amounting to KRW 6 million) is too unreasonable.

2. Determination

A. It is recognized that the defendant led to confession and reflects on the crime of this case, and that the defendant has no record of the same crime.

B. However, the Defendant committed the instant crime in which he drives a motor vehicle under the condition of 0.210% alcohol content in blood, and the nature of such crime is not good, drinking driving brings about harm to the life and body of others as well as his driver, and thus there is a need to strictly punish it. There is no special change in circumstances after the sentence of the lower judgment was rendered, and other circumstances that form the conditions for sentencing specified in the instant argument, such as the Defendant’s age, background of the crime, and circumstances after the crime, are considered in light of the above circumstances favorable to the Defendant, the lower court’s punishment is too unreasonable, even if considering the above circumstances favorable to the Defendant.

Therefore, the defendant's above 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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