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(영문) 광주고등법원 (제주) 2013.05.08 2013노16

도로교통법위반(음주운전)등

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below's sentencing (six months of imprisonment) is too unreasonable.

2. However, the fact that the defendant is deemed to repent of wrong facts, and that he is a disabled person of grade IV with delayed disability is favorable to the defendant.

However, on June 27, 2012, the Defendant was sentenced to a suspended sentence of one year for the crime of violation of the Road Traffic Act at the Jeju District Court, which was sentenced to a suspended sentence of one year on the grounds of the crime of violation of the Road Traffic Act at the time of the crime of this case, and was sentenced to a suspended sentence on June 27, 2012, and again carried out driving and driving without permission for only 3 months after the above sentence was sentenced, without being aware of it. In full view of the Defendant’s age, character and conduct, environment, circumstances of the crime of this case, and other various sentencing conditions, such as the circumstances after the crime, etc., the sentence of the lower court is deemed to be inappropriate

Therefore, the defendant's assertion is without merit.

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.