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(영문) 제주지방법원 2013.04.04 2013노66
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. The judgment of the court below is a favorable condition such as the defendant reflects his mistake. However, on May 3, 2012, the defendant was sentenced to a suspension of the execution of two or more months of imprisonment for a violation of the Road Traffic Act by the Jeju District Court on June 1, 2012, and the above judgment became final and conclusive on May 11, 2012, and again carried out driving without a license or drinking again during the grace period, the degree of the driving is not weak, the defendant does not have any inevitable circumstance that makes it inevitable for the defendant to drive, the defendant has been sentenced to a fine of the same kind four times more, the Road Traffic Act amended on June 8, 201 provides that a person who has violated the prohibition clause on drinking driving twice or more shall be punished strictly if he drives under the influence of alcohol again, and the defendant's age, character and behavior, family environment, etc., and the defendant's punishment is too unfair considering that the defendant's child and his child were supported by the court below.

3. According to the conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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