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(영문) 의정부지방법원 2014.05.23 2014노214
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable.

2. The judgment of the defendant led to the crime of this case, and the distance of drinking driving using the vehicle of this case is not clear. However, the defendant has already been subject to criminal punishment for seven times due to the same kind of crime, and the crime of this case is also committed by the Jung-gu District Court on October 15, 2013, which was sentenced to a suspension of execution for four months and one week after the judgment became final and conclusive on October 23, 2013. The defendant has no time to obtain a driver's license, and the defendant has no time to obtain the age, character, environment, occupation, and details of the crime of this case, and all other circumstances that are conditions of sentencing as shown in the records after the crime are considered, it is inevitable to sentence the defendant to the punishment. Thus, it cannot be said that the sentence of the defendant is unreasonable because the sentence of the lower court, which sentenced the sentence of the punishment, is excessively unreasonable.

Therefore, the defendant's assertion is without merit.

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

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