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(영문) 수원지방법원 2013.07.04 2013노1943
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The sentence of the court below against the defendant (six months of imprisonment) is too unreasonable.

Judgment

It is reasonable to take into account that the defendant's mistake is divided and that the defendant has difficulty in suffering from disease such as a compromise, etc. However, since the defendant has several criminal records of the same kind including probation, the crime of this case constitutes a case where the Road Traffic Act is severely punished. The punishment for six months by the court below is the lowest sentence to be sentenced to imprisonment with prison labor among statutory punishment, and all the sentencing conditions specified in the records and arguments of this case, such as the defendant's age, character and behavior, environment, circumstances of the crime, and circumstances after the crime, etc., shall not be deemed to be heavier punishment imposed by the court below.

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.

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