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(영문) 의정부지방법원 2016.05.20 2015노3391
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence (3 million won in penalty) imposed by the court below on the defendant is too unreasonable.

2. The circumstances favorable to the defendant include the fact that the defendant recognized the crime of this case and showed an attitude against the defendant, and the risk of traffic accidents caused by drinking driving has not been realized.

However, driving under drinking is a serious crime causing danger to the life and body of himself/herself and others, and the revised Road Traffic Act strengthens criminal punishment by raising the statutory punishment for it, and the degree of alcohol concentration in blood is relatively high to 0.110%, and there are records of having been punished twice the same kind of crime. The court below seems to have determined punishment in full consideration of the various circumstances of the defendant, and there are no special changes in circumstances that can reduce the punishment of the court below, and considering the sentencing balance with the sentencing of the defendant in the same and similar cases and other sentencing conditions of the defendant's age, sex, environment, method of crime, circumstances after the crime, criminal records, etc., the sentence imposed by the defendant cannot be deemed to be unfair since it is proper and 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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