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(영문) 의정부지방법원 2019.06.20 2019노937
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal (the sentence of the court below shall be sentenced to six months);

2. The lower court determined a sentence by comprehensively taking account of the following factors under Article 51 of the Criminal Act, including the Defendant’s like power [three times of fine (2004, 2006, 2009), one time of the suspension of the execution of imprisonment (2010), blood alcohol concentration level, place and distance where drunk driving was conducted, the lower court determined a sentence.

(The original court sentenced the lower court to the statutory penalty after discretionary mitigation. The grounds for unfair sentencing asserted by the Defendant include the following: (a) the Defendant’s mistake is divided; (b) the Defendant’s health is not good; and (c) the Defendant’s mother should support the child’s mother, etc.; and (d) the grounds for unfair sentencing alleged by the Defendant are already sufficiently considered in determining the punishment; and (b) the lower court’s punishment determined accordingly is made within the scope of discretion and appropriate.

In addition, there is no reason to judge that the sentencing conditions have changed in the trial.

Therefore, the defendant's assertion of unfair sentencing is not accepted.

3. 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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