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(영문) 전주지방법원 2013.10.25 2013노953
도로교통법위반(음주운전)
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 recognized the crime of this case and is pening in depth, and that the defendant should support his parent, wife and child.

However, on October 27, 2011, the Defendant was sentenced to a suspended sentence of one year and six months for the crime of violation of the Road Traffic Act, etc. in the Jeonju District Court's branch court's branch court's assistance, and repeatedly committed the same crime during the suspended sentence of one year and six months. In addition to the above previous conviction, the Defendant had the record of being punished for the same crime four times (one suspended sentence, and three times a fine). The instant crime was discovered by causing a traffic accident under which the Defendant is proced, and other factors of sentencing as defined in Article 51 of the Criminal Act, such as the Defendant's age, character and conduct, environment, circumstances leading to the Defendant's instant crime, means and consequence, situation before and after the instant crime, etc., 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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