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(영문) 의정부지방법원 2018.08.13 2018노1568

도로교통법위반(음주운전)등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the lower court (one year of imprisonment) is too unreasonable.

2. The fact that the Defendant recognized each of the instant crimes and reflected, etc. is favorable.

However, the defendant can be punished as a crime of violating the Road Traffic Act. In particular, considering all other circumstances, including the defendant's age, sex, environment, background of the crime, circumstances after the crime, etc., and the fact that the defendant committed the crime of this case under the influence of alcohol without the driver's license during the suspension of execution due to the crime of violating the Road Traffic Act, which are disadvantageous to the defendant, such as the crime of this case under the influence of alcohol without being aware of the fact that the defendant committed the crime of this case without the driver's license during the suspension of execution, the court below's sentence is judged to be proper and too unreasonable. Thus, the defendant's improper assertion of sentencing is without merit.

3. In conclusion, 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 without merit. It is so decided as per Disposition.