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(영문) 서울동부지방법원 2014.10.24 2014노1153
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (six months of imprisonment) is too unreasonable.

2. Although there are some favorable circumstances for the defendant, such as the fact that the defendant sells a vehicle after the crime of this case, etc. after the crime of this case has been sentenced to a suspended sentence for six months by drinking and driving without a license, the distance of the defendant driving a vehicle without a license and drinking does not go through, and the motive and circumstances leading to the crime of this case may be somewhat taken into account, the defendant is responsible for his family's livelihood, and the defendant is currently pregnant and is waiting for giving birth. However, the defendant was punished several times from around 2002 to around 2013 (one suspended sentence of imprisonment, six times), and the defendant was sentenced to a suspended sentence for six months by driving with no license, and the defendant was sentenced to a suspended sentence for six months by drinking and without a license, and the defendant did not have been able to be sentenced to a suspended sentence as above, and the defendant's motive and condition of the crime of this case need not be punished when he had been sentenced to an unfavorable punishment as well as the above extenuating circumstances and records.

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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