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(영문) 춘천지방법원 2014.12.10 2014노747
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

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

2. Although there are extenuating circumstances, such as the fact that the defendant recognized his mistake and speaks against the judgment, the fact that there is a need to consider the equity in the case where the judgment was rendered simultaneously with the crime for which the judgment became final and conclusive because the defendant constitutes concurrent crimes under the latter part of Article 37 of the Criminal Act, the fact that the defendant could have been punished for the same kind of crime, the fact that the defendant again committed the crime of this case while being tried for the same kind of crime, and other various sentencing conditions indicated in the records, such as the motive and background leading up to the crime of this case, the situation after the crime, the age, character and character of the defendant, etc., are considered, and therefore, the above argument by the defendant

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

(However, pursuant to Article 25 of the Rules on Criminal Procedure, the first criminal facts of the judgment of the court below shall be corrected by correcting " March 20, 2009" as " May 29, 2009" and "Article 152 (1)" as "Article 152 (1)" as "Article 152 (1)" as "Article 152 (1)" as "Article 152 (1)."

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