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(영문) 청주지방법원 2015.04.10 2015노236
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

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

2. The Defendant seems to have recognized the instant crime and divided his mistake.

In addition, the fact that the defendant's health status is not good due to the species of trees, and the fact that the defendant should support his wife and children is the most favorable condition for the defendant.

However, even though the defendant did not have been sentenced to a suspended sentence for the same criminal records for four months, he/she again committed the crime of this case during the suspended sentence period, and the punishment for the illegal act of this case is very high.

In addition, the defendant has been guilty of eight times in prison, including three times of suspended execution and one sentence until now.

In addition, the Defendant committed the instant crime only once again even though he had been given the opportunity to suspend the execution of the same kind of crime in 2011 and 2014, and the above favorable circumstances have already been reflected in the judgment of sentencing of the lower court, and other circumstances that are conditions for sentencing, such as the Defendant’s age, character and conduct, intelligence and environment, motive, means and consequence of the crime, etc., are considered as being too unreasonable.

The defendant's ground of appeal cannot be accepted.

3. The defendant's appeal 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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