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(영문) 서울동부지방법원 2016.08.26 2016노793
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

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

2. The judgment of the court below reveals that the Defendant, who was punished as a crime of violating the Road Traffic Act, has reached nine times of the suspension of execution, including the two times of the suspension of execution and one sentence, and in particular, on May 16, 2014, was sentenced to a two-year suspension of execution on the grounds of a crime of violating the Road Traffic Act (driving) on the road, etc., and again, he/she was under the suspension of execution after being sentenced to a two-year suspension of execution on the grounds of a crime of violating the Road Traffic Act on May 16, 2014. In other words, the Defendant seems to have no awareness of complying with the law, and the Defendant’s age, sexual behavior, and family relations, are comprehensively taking into account the following factors: (a) considering that the Defendant was physically disabled persons of Grade II and is against his/her wrongness, the sentence of the court below is not harsh.

3. The appeal by the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.

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