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(영문) 의정부지방법원 2016.02.18 2015노3394
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (6 months of imprisonment) is too unreasonable.

2. Determination

A. It is recognized that the Defendant led to confession and reflects the instant crime, and that the previous suspension of execution is highly likely to be invalidated if the judgment of the court below becomes final and conclusive.

B. However, the Defendant was sentenced to 6 months of imprisonment on November 7, 2014, 201 to 2 years of suspended sentence, 6 months of suspended sentence, 2 years of suspended sentence, 3 times of suspended sentence due to drinking, etc. In addition, the Defendant was sentenced to 3 times of suspended sentence due to driving under the influence of alcohol, etc., and the lower court sentenced 1 to 3 times of a fine. The lower court determined that the driving of alcohol would cause harm to the life and body of others as well as the driver, and thus, it is necessary to strictly punish the Defendant, taking into account various circumstances favorable to the Defendant, including the Defendant’s age, circumstances leading to the crime, and circumstances after the crime, etc., even if considering the favorable circumstances of the Defendant as seen earlier, the lower court’s sentence is too unreasonable.

(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 on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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