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(영문) 의정부지방법원 2016.08.30 2016노1794
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 (6 months of imprisonment) is too unreasonable.

2. Determination

A. It is recognized that the defendant confessions and reflects the crime of this case, the violation of the Road Traffic Act (drinking driving) which became final and conclusive in the judgment of the court below and the concurrent crimes after Article 37 of the Criminal Act should be considered at the same time in relation to the relation of concurrent crimes.

B. However, the Defendant was driving under the influence of alcohol 0.13% without a driver's license. In particular, considering the following circumstances, the driving under the influence of alcohol brings about a danger to the life and body of others as well as the driver himself/herself, and there is a need to strictly punish the driving under the influence of alcohol and driving without a driver's license, and the Defendant was punished several times by drinking and driving without a driver's license, as well as the Defendant committed the instant crime on January 1 and February 2016, which was under investigation and trial, again on March 3, 2016 when he was under investigation and trial, and there is no special change of circumstances after the lower judgment was sentenced, and there is no other change of circumstances after the sentence was made, and the Defendant's age, circumstances leading to the crime, and circumstances after the crime, etc., which are favorable to the Defendant, the lower court's punishment is too unreasonable even if considering the favorable circumstances of 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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