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(영문) 전주지방법원 2016.07.01 2016노562
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (two months of imprisonment) is too unreasonable.

2. The following are the circumstances favorable to the Defendant: (a) the Defendant recognized the instant crime; (b) the distance from driving under the influence of alcohol and without obtaining a license is relatively short of 20 meters; and (c) the Defendant’s scambling the Defendant’s wife, which is favorable to the Defendant.

On the other hand, the crime of this case was committed by a defendant who has been punished twice or more due to drinking without a driver's license, and is not good in quality of such crime, driving of drinking is a crime that may infringe on the life, body, etc. of a person with no driver's license, and thus, it is necessary to strictly punish him. The defendant has already been subject to criminal punishment three times due to driving of drinking, and in particular, on November 21, 2014, he committed the crime of this case at the Jeonju District Court sentenced two years of suspended sentence to 6 months of imprisonment with prison labor for the crime of violation of the Road Traffic Act at the Jeonju District Court on July 21, 201, and did not know even during the suspended sentence, and again committed the crime of this case without being aware of the fact that the blood alcohol concentration at the time of detection was relatively high to 0.118%.

In full view of the above circumstances and other factors of sentencing, including the background of the instant crime, the Defendant’s age, sexual conduct, and environment, etc., the lower court’s punishment is too unreasonable as it is too unreasonable, and thus, 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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