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(영문) 인천지방법원 2013.11.22 2013노1915

도로교통법위반(음주운전)등

Text

The defendant's appeal is dismissed.

Reasons

1. The punishment of the court below (six months of imprisonment) is too unreasonable in light of the fact that the defendant is against the defendant and his family and workplace relations, etc.

2. The judgment of the defendant has the past history of punishment several times, and even during the grace period after being suspended from the execution of imprisonment with prison labor due to drinking or non-licensed driving, the defendant committed the crime of this case. In light of the blood alcohol concentration and criminal records, etc., it is difficult to select a fine and be sentenced to a fine. The court below is not recognized that the sentence is excessively unreasonable even if considering all the circumstances shown in the records of this case, such as the defendant's age, character and behavior, and environment, as the defendant has already been sentenced to a maximum imprisonment through discretionary mitigation.

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