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(영문) 인천지방법원 2016.11.02 2016노3146

도로교통법위반(음주운전)등

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, ex officio correction of the judgment of the court below shall be made as follows:

On July 25, 2008, the defendant was issued a summary order of KRW 700,000,000 as a fine for the violation of the Road Traffic Act (driving) at the Seoul Southern District Court for the following reasons: (a) the defendant was sentenced to a suspended sentence of six months; and (b) on April 29, 2015, the defendant was sentenced to a suspended sentence of two months for the violation of the Road Traffic Act (driving without a license).