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(영문) 의정부지방법원 2016.05.13 2015노3065
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 too unreasonable, which is too unreasonable.

2. The circumstances favorable to the defendant include: (a) the fact that the defendant recognized the instant crime and appeared to reflect; (b) the distance of operation is considerably short; and (c) there is no record of criminal punishment prior to the instant case.

However, driving under drinking is a serious crime that may endanger the life and body of himself/herself and other persons, and the revised Road Traffic Act strengthened criminal punishment by raising the statutory punishment for the crime of this case. The risk of driving under drinking is realized due to traffic accident caused by the crime of this case, and the degree of alcohol concentration in blood is relatively high to 0.115%. Considering the favorable circumstances of the defendant, the court below seems to have reduced a fine of KRW 3 million issued in a summary order by 200,000,000,000 issued in the summary order due to full consideration of the circumstances favorable to the defendant. The court below's sentencing balance with the sentencing of the same and similar incidents and other factors such as the defendant's age, sex, environment, process and method of the crime, circumstances after the crime, and criminal records, etc., it cannot be deemed unfair since the sentence imposed by the defendant is reasonable 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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