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(영문) 서울동부지방법원 2016.08.26 2016노790

도로교통법위반(음주운전)등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (six months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The Defendant was sentenced to a suspended sentence of six months of imprisonment for a crime of violating the Road Traffic Act (driving) on January 21, 2016, while having been sentenced to a fine for a crime of violating the Road Traffic Act (driving) three times or more, and the Defendant was finally sentenced to a suspended sentence of two years on January 21, 2016. The Defendant’s crime of this case was committed on January 20, 2016, which is the day before the said judgment was sentenced to a suspended sentence of two years. It is doubtful whether the Defendant was aware that he/she was able to comply with the Act, on January 20, 2016.

Therefore, considering the circumstances leading to the crime, the sentence of the court below is not hot, in light of all the conditions of sentencing as shown in the argument of this case, such as the background leading up to the crime, the age, criminal conduct, and the environment of the defendant.

3. The appeal by the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.