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(영문) 제주지방법원 2016.07.14 2016노241
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (five million won penalty) is too unreasonable.

2. In our criminal litigation law that takes the trial-oriented principle and the principle of directness, it is reasonable to respect the determination of sentencing in cases where there exists no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion (Supreme Court Decision 2015Do3260 Decided July 23, 2015). The fact that the Defendant appears to have committed each of the instant crimes, which are favorable to the Defendant.

However, at the time of committing the instant crime, the Defendant’s blood alcohol concentration is considerably high to 0.190%, and the Defendant committed each of the instant crimes of the same kind when he/she had been punished several times due to a violation of the Road Traffic Act (driving of Drinking), etc., is disadvantageous to the Defendant.

In full view of each of the above circumstances, comprehensively taking account of the Defendant’s age, sex, environment, motive and background of each of the instant crimes, means and methods thereof, and all of the sentencing factors in the process of trial and records of the instant case, including the circumstances after the commission of the crime, the sentence imposed by the lower court is beyond the scope of reasonable discretion, or is too unreasonable.

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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