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(영문) 서울동부지방법원 2014.04.24 2014노211
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable, due to the summary of the grounds for appeal.

2. The judgment of the court below is against the defendant's wrong behavior, and when the sentence of this case becomes final and conclusive, the defendant's previous suspended sentence should be invalidated and sentenced to imprisonment (one year of imprisonment). However, these circumstances appear to have been considered in all the court below and there are no changes in circumstances at the court below, and there are several times the defendant committed each of the crimes in this case without being aware of the fact that he had been punished for the same kind of crime even though he had been under the suspended sentence for the same crime. The court below, after selecting imprisonment for one time after selecting imprisonment, sentenced the highest punishment among the applicable sentences. The current Road Traffic Act provides that the person who violated the prohibition clause of drinking driving should be punished more strictly in the case of drinking again with the intention of preventing the driving under the influence of alcohol which threatens the safety of road traffic and ensuring the awareness of it, and the defendant's motive and circumstances leading to each of the crimes in this case, and there are no other grounds to recognize the sentencing of the defendant's punishment as unfair after considering the records, such as the motive and circumstances of the defendant's each of the crime in this case.

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

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