beta
(영문) 인천지방법원 2016.10.26 2016노3244

도로교통법위반(음주운전)

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment) by the lower court (e., six months) is too unreasonable.

2. In light of the sentencing conditions stated in the records and arguments of the instant case, the lower court’s sentence is too unreasonable, even considering the circumstances alleged by the Defendant as the grounds for appeal.

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

4. In accordance with Article 25(1) of the Regulations on Criminal Procedure for the Correction of the judgment of the court below ex officio, the part of the criminal facts of the court below’s ex officio correction is as follows

On June 22, 2006, the defendant was sentenced to a suspended sentence of 4 months for a violation of the Road Traffic Act by the Incheon District Court. On December 8, 2008, the defendant was sentenced to a summary order of 3.5 million won for the same crime. On April 26, 2010, the defendant was sentenced to a suspended sentence of 6 months for the same crime by the same court.