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(영문) 의정부지방법원 2016.02.02 2015노3314
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (six months of imprisonment) is too unreasonable.

2. The Defendant’s blood alcohol concentration among the instant crime committed by the Defendant is not significantly high, and the Defendant’s counter-influence is considered.

However, even though the defendant had been sentenced twice to a fine for the same crime, he/she again committed the crime in this case while he/she was sentenced to the probation, and in full view of the defendant's age, sex, environment, motive, means and consequence of the crime in this case, various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, sex, environment, motive, means and consequence, the sentence of the court below is too unreasonable.

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

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