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(영문) 의정부지방법원 2015.12.01 2015노2776

도로교통법위반(음주운전)등

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The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for up to six months) of the lower court is too unreasonable.

2. Determination

A. It is recognized that the Defendant led to confession and reflect on the instant crime, and that the Defendant’s head is scheduled to marry around February 2016.

B. However, on October 25, 2013, the Defendant was sentenced to 6 months of imprisonment with prison labor and 2 years of suspended sentence on the grounds of drinking driving, etc., and the Defendant committed the instant crime during the period of suspended sentence, other than that, there was a history of having been sentenced to 9 times of fine due to drinking and non-licensed driving; the lower court sentenced the maximum sentence of imprisonment with prison labor that has been sentenced to discretionary mitigation; there was no special change in circumstances after the lower judgment was sentenced; and there was no other change in circumstances after the lower judgment was sentenced; and there was no other circumstances that are the conditions for sentencing as indicated in the instant pleadings, including the Defendant’s age, details of the crime, and the circumstances after the crime. In full view of the aforementioned circumstances favorable to the Defendant, it is not determined that the lower

C. Therefore, the defendant's above assertion is without merit.

Article 25(1) of the Rules on Criminal Procedure provides that “The Act on Guarantee of Automobile Accident Compensation” under Article 364(4) of the Criminal Procedure Act provides that “The Act on Guarantee of Automobile Accident Compensation (amended by Act No. 12987, Jan. 6, 2015) shall be corrected as a clerical error under the former Guarantee of Automobile Accident Compensation Act (amended by Act No. 12987, Jan. 6, 2015).”