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(영문) 서울고등법원 2014.08.13 2014노1378
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the court below against the defendant in the summary of the grounds for appeal is too unreasonable.

2. Determination

A. Circumstances favorable to or extenuating circumstances exist to the Defendant: (a) the Defendant made a confession of all crimes; and (b) the Defendant did not repeat the crime by participating in the alcohol consultation center program while realizing and reflecting his mistake; (c) the distance of driving a vehicle under the influence of alcohol without a driver’s license is relatively short; and (c) the fact that the Defendant is the most likely to support the mother and the wife’s consciousness, etc. are favorable to or extenuating circumstances.

(2) The defendant's decision to revoke the suspended sentence is not final and conclusive since the defendant filed an immediate appeal against the decision to revoke the suspended sentence. Thus, the defendant's decision to revoke the suspended sentence can not be determined with the assumption that the suspended sentence will be revoked).

The Defendant had been punished several times due to the same type of crime. The Defendant was sentenced to imprisonment with prison labor for 8 months and 2 years of suspended execution due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. on September 30, 1999, ② imprisonment for 10 months due to the violation of the Road Traffic Act on July 24, 200, ③ six months due to the violation of the Road Traffic Act on April 3, 2003; ④ a fine of 5 million won due to the violation of the Road Traffic Act on April 14, 2006; ⑤ a fine of 6 months due to the suspension of execution and 2 years due to the violation of the Road Traffic Act on May 9, 2012; and the Defendant was sentenced to a summary order on October 12, 2012 (hereinafter referred to as “the instant provision”).

3) The Defendant did not faithfully appear on the date of trial (this case).

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