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(영문) 전주지방법원 2016.11.03 2016노775
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the lower court’s punishment (two million won of fine) is too large.

2. It is recognized that the Defendant recognized the instant crime and reflected against the Defendant, and that the Defendant would not repeat the instant crime by disposing of a two-wheeled vehicle used for the instant crime to another person on February 22, 2016, and that the Defendant supports the spouse and children of a person with intellectual disability of class 3, who is a person with a disability with intellectual disability, and is economically poor as a basic living recipient, and that the Defendant’s wife wanted to leave the Defendant’s wife against the Defendant.

However, if the Defendant’s blood alcohol level was high at the time of committing the instant crime, drinking driving is highly likely to cause a traffic accident by itself, and the Defendant was punished by a fine of KRW 1,500,000 for a violation of the Road Traffic Act in 2014, and there is no change of circumstances to change the sentence, and all of the sentencing conditions specified in the instant records and arguments, such as the Defendant’s age, character and conduct, environment, circumstances before and after the instant crime, and circumstances before and after the instant crime, it is not recognized that the lower court’s punishment is unreasonable because it is too too unreasonable.

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

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