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(영문) 전주지방법원 2014.02.07 2013노1383
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (six months of imprisonment) is too unreasonable in light of the overall sentencing conditions in light of the gist of the grounds for appeal.

2. Determination of the grounds for appeal of this case is recognized as favorable circumstances such as the fact that the defendant has recognized all of the crimes of this case and is pening in depth.

However, the crime of this case is deemed to have driven a vehicle under the influence of 0.164% of blood alcohol content by the Defendant without permission, and the Defendant was sentenced by the Jeonju District Court on March 24, 201 to a fine of one year and six months, and a fine of two thousand thousand,00,000 won on August 8, 201 and committed the crime of this case within the repeated offense period even after completion of the execution of the sentence on August 8, 2011. In addition, the Defendant committed the crime of this case within the repeated offense period. In addition, the Defendant was punished six times (one suspended sentence and five times) for the same kind of crime, other factors such as the Defendant’s age, character and conduct, environment, the circumstances leading to the Defendant’s crime of this case, means and result, etc. before and after the crime, and thus, the Defendant’s allegation of unfair sentencing is not justified.

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

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