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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 의정부지방법원 2016.08.23 2016노1501
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) is too unreasonable for the lower court’s punishment (the imprisonment of eight months, the suspension of execution of two years, the observation of protection, community service work 200 hours, the order to attend a compliance driving lecture 40 hours).

2. Determination

A. It is recognized that the Defendant, who led to the instant crime, led to the confession of and reflect on the instant crime, and the distance from driving alcohol is relatively short.

B. However, the Defendant, while driving a motor vehicle under the influence of 0.206% alcohol in blood, was under the influence of the same 0.206%, and was under the traffic accident, and the nature of the crime is not good, and driving of a motor vehicle causes harm to the life and body of others as well as his/her driver, so there is a need to strictly punish it. The Defendant had the record of receiving a summary order of KRW 3 million due to the crime of inflicting an injury on the victim by driving a motor vehicle under the influence of 0.166% alcohol concentration in blood around June 201, and driving the motor vehicle under the influence of 0.16% alcohol concentration in blood, and causing an injury to the victim. In full view of all the circumstances that are favorable to the Defendant in the instant argument, such as the Defendant’s age, background, and circumstances after the sentence of the lower judgment, the lower court’s punishment is too unreasonable, even if considering the aforementioned circumstances favorable to the Defendant.

Therefore, the defendant's above 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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