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(영문) 서울동부지방법원 2014.06.12 2014노470
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the defendant did not appear on the date before being detained in the trial process of the first instance court due to health, and does not avoid the trial only because he was unable to receive a notice of shot in other locations due to health, and considering the illness of his mother and the defendant, the punishment (six months of imprisonment) sentenced by the court below is too unreasonable.

2. Even if the defendant's family relationship or the defendant's health condition is considered as alleged in the judgment, the defendant was sentenced to a fine several times, and the execution of imprisonment with prison labor sentenced to drinking and non-licenseless driving on September 1, 2010, which was completed on July 29, 2013, which was within the repeated crime period, again led to the crime of this case on July 29, 2013, which was within the repeated crime period, and the defendant's driving did not cause any particular thought due to the defendant's drinking, but it was likely to expand the accident by causing a big accident. In addition, considering the defendant's age, age, environment, motive and means of the crime, results and circumstances after the crime, it is not recognized that the sentence imposed by the court below is excessively unreasonable.

Defendant’s assertion is without merit.

3. Accordingly, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is groundless. It is so decided as per Disposition

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