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(영문) 춘천지방법원 2015.12.16 2015노1010

도로교통법위반(음주운전)등

Text

The defendant's appeal is dismissed.

Reasons

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

2. In light of the following: (a) the Defendant has a 4-time criminal history of the same kind of crime; (b) the Defendant committed the instant crime during the suspension of the execution period for the same kind of crime; and (c) the Defendant’s background leading to the instant crime; (d) blood alcohol concentration; (c) the Defendant’s age after the instant crime; and (d) various conditions of sentencing indicated in the record, such as the Defendant’s age, character, conduct, and environment, it is difficult for the lower

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

However, pursuant to Article 25(1) of the Regulations on Criminal Procedure, the application of the Act No. 3 of the judgment of the court below to Article 152(1) of the Road Traffic Act is amended to Article 152 subparag. 1 of the Road Traffic Act.

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