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(영문) 춘천지방법원 2014.05.28 2014노177
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for six months) that the court below sentenced against the defendant is too unreasonable.

2. Although there are favorable circumstances such as the fact that the defendant's mistake is divided and reflects the defendant's behavior, the defendant has been punished several times of punishment including the same crime, the current Road Traffic Act stipulates that the person who has violated the prohibition provision of drinking driving at least twice in order to prevent driving threatening road traffic safety and to realize awareness about it, shall be punished more strictly if he/she drives under the influence of alcohol at least twice again; the court below sentenced the lowest punishment among the applicable sentencing range after selecting imprisonment for one time; and other factors of sentencing as shown in the records such as motive and circumstance leading the defendant to commit the crime in this case; the situation after the crime was committed; and the defendant's age, character and conduct, environment, etc., it is not recognized that the sentencing of the court below is too unreasonable. Thus, the above argument by the defendant is without merit.

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

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