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(영문) 서울동부지방법원 2015.07.23 2015노367

도로교통법위반(음주운전)등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (eight months of imprisonment) shall be excessively unreasonable.

2. The following facts are the circumstances favorable to the Defendant: (a) the Defendant led to the confession of and reflect on the instant crime; (b) the spouse who is being treated with brain color; (c) the fact that the Defendant agreed with the owner of the two-wheeled vehicle who suffered the injury; and (d) the disposal of the two-wheeled vehicle owned, etc.

On the other hand, the defendant, including one prison term, has a record of criminal punishment more than 40 times, and the defendant again committed the crime of this case during the suspension period of execution for the same kind of crime without being aware of the past having been punished several times due to the same crime. While the driver's license was not granted, the driver's license was not granted, the driver's license was not granted, and the accident was caused to the driver while driving the two-wheeled vehicle, and the responsibility for the crime is heavy. Such circumstances and other circumstances are considered as the defendant's age, character and health, health, motive, means and consequence of the crime as shown in the argument of this case, and all the sentencing factors as provided in Article 51 of the Criminal Act, such as the defendant's age, character and health, health, motive and consequence of the crime, and the circumstances after the crime, etc., the court

3. 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.