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(영문) 제주지방법원 2016.04.14 2015노778
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below (6 months of imprisonment) on the gist of the grounds of appeal is too unreasonable.

2. In our criminal litigation law that takes the trial-oriented principle and the principle of directness, where there exists a unique area of the first deliberation on sentencing, and there is no change in the conditions of sentencing compared to the first instance court, and where the first instance judgment does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The Defendant is contrary to the recognition of all of the instant criminal acts, and the distance of driving in the drinking state is relatively short.

The defendant seems to have not been healthy due to chronic virus C infection, etc.

It has been operated by the defendant as an indication that the defendant would no longer drive a motor vehicle in a state of non-license or drinking.

C The fixed freight truck was consigned to the used cars trading commercial buildings.

The family members and branch members of the defendant want to have the wife against the defendant.

Such circumstances are favorable to the defendant.

However, even before each of the crimes of this case, the Defendant has a record of criminal punishment on several occasions due to the crimes of violation of the Road Traffic Act, violation of the Road Traffic Act, violation of the Road Traffic Act, violation of the Road Traffic Act (unlicensed driving), and violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

In particular, in the light of 2012, there are two years of suspended sentence in 1 year and 2 months of imprisonment due to the crime that causes a traffic accident while driving without a license and escaped.

As the Defendant repeats drinking alcohol in spite of several times of drinking power, it is necessary to strictly punish the Defendant in that it is necessary to prevent driving of drinking that threatens the safety of road traffic from smoke and to realize the awareness of it.

Such circumstances are disadvantageous to the defendant.

The above circumstances and other circumstances.

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