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(영문) 의정부지방법원 2018.12.17 2018노2932
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (six months of imprisonment) is too unreasonable.

2. The fact that the defendant recognized the crime of this case and disposes of the vehicle used for the crime of this case is favorable.

However, there are two occasions the defendant was punished for a crime of violating the Road Traffic Act (drinking), and in particular, the defendant committed the crime of this case without being aware of the fact that he was sentenced to a suspension of the execution for six months of imprisonment with prison labor for a crime of violating the Road Traffic Act (drinking) as stated in the judgment of the court below and without being aware of the fact that he committed the crime of this case during the suspension of execution for about 14km, and considering all the circumstances that form the conditions for the sentencing of this case as shown in the records, including the balance of general punishment in the same and similar cases, the balance of general punishment in the same kind, the defendant's age, sex, the environment, the background of the crime, and the circumstances after the crime, etc., the court below's punishment is judged to be proper and it is not unreasonable, therefore the defendant'

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

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