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(영문) 인천지방법원 2013.10.18 2013노2262
도로교통법위반(무면허운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the court below (six months of imprisonment) is too unreasonable in light of the fact that the defendant reflects his fault, etc.

2. The judgment of the court below has been sentenced twice due to drinking, non-licensed driving, and refusal to measure drinking, etc., which had been sentenced twice to the punishment of the defendant. The defendant committed the crime of this case by driving again without being aware of the fact that he had been under repeated control even though he had been under repeated control, and by driving again under the influence of drinking, non-licensed driving, and without a license. In this process, it is not good to detect and detect the crime by causing shock of the previous vehicle in the process, and it is difficult to select a fine due to high blood alcohol concentration. In full view of all the circumstances indicated in the records of this case, such as the defendant's age, character and behavior, character and environment, it is not recognized that the sentence of the court below which sentenced the maximum statutory sentence that has already been subject to discretionary mitigation is too unreasonable because it is too unreasonable.

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

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