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(영문) 의정부지방법원 2020.02.27 2019노3490
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal: Imposition of the penalty (or four months in prison);

2. The lower court determined a sentence by comprehensively taking account of the following circumstances and the sentencing conditions under Article 51 of the Criminal Act. A person under way: A person subject to a final and conclusive suspended sentence of imprisonment: A person subject to a confession, a confession, a criminal conviction before the same kind of crime, etc., among the suspended sentence of imprisonment, and a person subject to a mitigated sentence, etc.: A criminal offense, etc. under the latter part of Article 37 of the Criminal Act, and the reason for an unfair sentencing alleged by the Defendant, are the circumstances that the lower court determined

Therefore, it is reasonable to respect the sentencing of the lower court, and thus, the Defendant’s assertion of unfair sentencing 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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