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(영문) 인천지방법원 2014.01.24 2013노3530
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

Defendant

The gist of the grounds for appeal is that the punishment imposed by the court below (4 months of imprisonment) is too unreasonable, but there is a high drinking value, the defendant has been punished several times for the same kind of crime. However, the records of the sentence of suspended execution are two times. The court below determined the punishment by discretionary mitigation in consideration of all favorable circumstances for the defendant, and there is no special relation or change of circumstances that may be additionally considered in the trial, and other various circumstances that are conditions for the argument and the sentencing specified in the records of this case, including the defendant's age, character and behavior, environment, motive and circumstance of crime, etc., it is not unreasonable to deem that the sentence imposed by the court below is too unreasonable.

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

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