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(영문) 의정부지방법원 2016.08.18 2016노1063
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal is unfair because the punishment (the penalty of eight million won) imposed by the defendant is too unreasonable.

2. It is recognized that there are some extenuating circumstances in light of the Defendant’s criminal history, the Defendant’s blood alcohol concentration was not high at the time of the instant crime, and the Defendant’s economic condition was not good.

However, the defendant committed the crime of this case again during the suspension period of the execution of imprisonment for the same crime, and considering the preventive purpose of the punishment, it seems that the court below selected a fine and sentenced the punishment in consideration of the sentencing factors favorable to the defendant.

There is no special change in circumstances that would be different from the original judgment in the first instance.

In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, and the circumstances after the crime, etc., the lower court’s punishment cannot be deemed unfair because it is too unreasonable.

Therefore, 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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