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(영문) 의정부지방법원 2016.09.20 2016노1837
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 (6 months of imprisonment) is too unreasonable.

2. Determination

A. It is recognized that the Defendant led to confession and reflects the instant crime.

B. However, the Defendant was sentenced to a suspended sentence of one year and six months for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Assault, etc.) on the Aggravated Punishment, etc. of Specific Crimes, and again committed the instant crime without being aware of any change in circumstances after the sentence of the lower judgment was issued, and the Defendant was sentenced to a suspended sentence of one year and six years for a period of one year and six years for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Assault, etc.) on the Aggravated Punishment, etc. of Specific Crimes, and again committed the instant crime without being aware of the fact that there was no special change in circumstances after the suspension of the execution, and that driving of a drinking brings about harm to the life and body of others as well as his/her driver. As such, there is a need to strictly punish the Defendant. In full view of various circumstances favorable to the Defendant, the lower court’s punishment, including the Defendant’s age, background of the crime, and the circumstances after the crime, is unreasonable even if the sentence was imposed too unfair.

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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