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(영문) 의정부지방법원 2015.08.25 2015노1618
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for up to six months) of the lower court is too unreasonable.

2. Determination

A. It is recognized that the Defendant confessions the instant crime and reflects the Defendant, the fact that the previous suspension of execution is highly likely to be invalidated if the judgment of the lower court becomes final and conclusive, and the support for his family is being supported.

B. However, on December 19, 2014, the Defendant was sentenced to 6 months of imprisonment with prison labor and 2 years of suspended sentence for driving without obtaining a license on December 19, 2014, and the Defendant committed the instant crime during the period of suspended sentence, and there were other records of fines for drinking driving, one time of suspended sentence, and one time of imprisonment with prison labor, and one time of suspended sentence, and the blood alcohol level was high as 0.105%, and the lower court sentenced the maximum amount of statutory punishment that has been reduced by discretionary mitigation, and the lower court did not determine that the lower court’s sentence is unreasonable by taking into account the circumstances favorable to the Defendant as seen earlier, including the Defendant’s age, circumstances leading to the commission of the crime, and the latter circumstances.

C. Therefore, the defendant's above assertion 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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