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(영문) 전주지방법원 2016.10.07 2016노947
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment for six months, two years of suspended execution, two years of probation, etc.) of the lower court is too unreasonable;

2. The circumstances are favorable to the Defendant, such as the fact that the Defendant recognized the instant crime and reflects the mistake, that the family and branch members of the Defendant wished to dissipate the Defendant’s wife, and that the Defendant would not repeat the same crime as the instant case.

On the other hand, the crime of this case is committed in this case without being aware of the fact that the defendant had been punished twice or more due to drunk driving, but it is not good to the quality of the crime in the case of driving under the influence of alcohol 0.120% in time. The drinking driving is not only the person himself but also the high risk of infringing another person's life, body, etc., and it is necessary to strictly punish the crime of this case. The defendant has committed the crime of this case in this case without being aware of the fact that the defendant had been punished four times due to the same crime, and the blood alcohol concentration concentration of the defendant was relatively high to 0.120% at the time of detection.

In full view of the above circumstances and other circumstances, the Defendant’s age, character and conduct, environment, etc. as well as the various sentencing conditions indicated in the instant records and arguments, the lower court’s punishment is too unreasonable, and thus, the Defendant’s assertion is without merit.

3. In conclusion, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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