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(영문) 광주고등법원 (전주) 2013.04.09 2013노5
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (eight months of imprisonment) is too unreasonable.

2. There are circumstances that can be considered favorable to the defendant, such as the fact that the defendant led to the confession of the crime of this case and shows an attitude against the defendant, that the defendant is suffering from dementia and has family members to support the defendant, and that the defendant needs to continue his/her business activities.

However, the crime of this case was committed by the Defendant from March 201 to July 13, 201 due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (driving Vehicles), driving without a license, refusing to take a alcohol test, etc., and was sentenced to six fines and three times of imprisonment, and one time of imprisonment. However, on January 19, 2012, when the execution of the above imprisonment was completed, the Defendant driven a vehicle under the influence of alcohol again during the period of repeated crimes for which the period remaining after the lapse of five months from the completion of the sentence. As such, the Defendant driven the vehicle under the influence of alcohol during the period of repeated crimes, the Defendant’s age, character and behavior, intelligence and environment, the motive, means and consequence of the crime of this case, and the circumstances after the crime, etc., it cannot be deemed that the sentence imposed by the lower court is too unfair.

The defendant's assertion of unfair sentencing is without merit.

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

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