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(영문) 인천지방법원 2016.03.16 2016노208
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. Judgment on the appeal by the defendant

A. The summary of the grounds for appeal (unfair sentencing) by the lower court is too unreasonable as the sentence (six months of imprisonment) imposed on the Defendant is too unreasonable.

B. There is no change in circumstances that may consider the sentencing after the judgment of the court below, and compared the sentencing conditions as shown in the records and arguments of this case with the reasons for sentencing of the judgment of the court below, considering the circumstances asserted by the defendant on the grounds of appeal, the sentence of the court below is too unreasonable.

(c)

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and it is so decided as per Disposition.

2. In accordance with Article 25 of the Rules on Criminal Procedure for the Correction of the lower judgment, the phrase “non-license” of the first instance judgment No. 12 is deleted, which is the same as “ majority” of the second sentence of the lower judgment under Article 25 of the Rules on Criminal Procedure. On the same ground, the phrase “No. 26, 2014” of the 8th sentence is deemed to read “no. 24, 2014” and the phrase “the same type of crime” of the 8th and the 9th sentence is deemed to read “violation, etc. of the Act on Special Cases Concerning the Settlement of Traffic Accidents.”

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