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(영문) 전주지방법원 2016.06.17 2016노80
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal (unfair sentencing) is that the lower court’s punishment (referring to 8 months of imprisonment and 2 years of suspended sentence) is too unreasonable.

2. The judgment that the Defendant recognized the instant crime and reflects the mistake in depth, that the alcohol concentration in the blood was not relatively high by 0.055% at the time of detection, and that the Defendant would not drive drinking again.

It is hard to say that it is favorable to the defendant.

On the other hand, the crime of this case is a case in which the defendant, who has been punished twice or more due to drinking driving, once or more, once again drives alcohol, and the quality of the crime is not good, and the driving of drinking is a crime that may infringe on another person's life, body, etc. as well as his own, and thus, it is necessary to strictly punish the crime of this case. The defendant committed the crime of this case in this case without being aware of the fact that he had already been subject to criminal punishment (three times of punishment, three times of suspended sentence, and two times of suspended sentence) due to driving of drinking.

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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