(영문) 의정부지방법원 2015.02.11 2014노2537



The defendant's appeal is dismissed.


1. The sentence imposed by the court below (eight months of imprisonment) is too unreasonable.

2. The judgment of the court below is acknowledged as follows: (a) the Defendant confessions all of the crimes of this case; (b) the vehicle driven by the Defendant is covered by a comprehensive motor vehicle insurance; and (c) the victims and the victims have agreed smoothly at the court below; and (d) the victims have not been injured and the degree

However, each of the crimes of this case committed not only by the defendant while driving a motor vehicle while under the influence of 0.087% alcohol concentration without a driver's license but also by the nature of the crime is not good, but also by the defendant who has been sentenced to a fine in the same kind of crime and a punishment in the suspension of execution, but also committed the crime of this case during the suspension of execution. In addition, considering all of the sentencing conditions indicated in the records of this case, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime of this case, and circumstances after the crime, the sentence of the court below is appropriate, and it cannot be deemed unfair since the defendant's above assertion is without merit.

3. Therefore, 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 groundless. It is so decided as per