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(영문) 전주지방법원 2013.11.01 2013노979
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (six months of imprisonment) is too unreasonable in light of the overall sentencing conditions in light of the gist of the grounds for appeal.

2. Determination of the grounds for appeal of this case is recognized as favorable circumstances, such as the fact that the defendant recognized all of the crimes of this case, repents in depth, and is not good in health.

However, the Defendant has been punished seven times for the same crime (one suspended sentence, six times for a fine). In particular, the Defendant committed the instant crime repeatedly for more than three months after he was under the influence of drunk driving on April 2013. In full view of the Defendant’s age, character and behavior, environment, circumstances leading the Defendant to the instant crime, means and consequence, and other various sentencing conditions under Article 51 of the Criminal Act as stated in the records of the instant case, such as the circumstances before and after the instant crime, the lower court’s punishment is too unreasonable, and thus, the Defendant’s assertion of unfair sentencing is without merit.

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

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