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(영문) 전주지방법원 2014.02.07 2013노1432
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (six months of imprisonment) is too unreasonable in light of the overall sentencing conditions in light of the gist of the grounds for appeal.

2. Determination of the grounds for appeal of this case is recognized as favorable circumstances such as the fact that the defendant recognized the crime of this case and is pening in depth, and that the defendant should support his family including his mother.

However, the Defendant’s blood alcohol concentration is relatively high as 0.11%, and the Defendant repeatedly committed the instant crime even though he had been punished three times for the same offense (one suspended sentence, and two times a fine). In full view of the Defendant’s age, character and behavior, environment, motive, means and consequence of the instant crime, and other various sentencing conditions indicated in the instant criminal records, such as the circumstances after the commission of the crime, it is deemed that the lower court’s punishment is too unreasonable, and thus, the Defendant’s assertion of unfair sentencing is without merit.

3. If so, 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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