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(영문) 대전지방법원 2013.11.21 2013노1987

도로교통법위반(음주운전)등

Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The sentence of the court below (six months of imprisonment) is too unreasonable.

Judgment

In light of all the factors of sentencing, including the Defendant’s age, character and behavior, environment, criminal records, circumstances after the crime, risk of recidivism, etc., even though the distance of operation of the vehicle at the time of the instant case is relatively short, if it is considered that the Defendant led to the instant crime, and that it was a repeated crime due to the same violation of the Road Traffic Act (unlicensed Driving), and that there was a history of punishment several times due to the same violation of the Road Traffic Act, and other factors of sentencing such as the Defendant’s age, character and behavior, environment, criminal records, circumstances after the crime, risk of recidivism, etc

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