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(영문) 인천지방법원 2014.02.19 2013노3458
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.

2. It is recognized that the circumstances, such as the fact that the Defendant’s judgment reflects the crime and that social ties are evident.

However, even though the defendant was punished for the same crime eight times, in light of the fact that the defendant committed the crime of this case, it is inevitable to sentence the defendant as a result of the crime of this case, considering all favorable circumstances for the defendant as stated in the judgment of the court below, and there are no special circumstances or changes in circumstances that may be considered additionally in the trial, and other circumstances that are conditions for the arguments of this case and the sentencing on the records, such as the defendant's age, character and behavior, environment, motive and circumstance of the crime, etc., the defendant's punishment imposed by the court below is too large and unreasonable. Thus, the defendant's assertion is not accepted.

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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