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(영문) 서울고등법원 2013.04.04 2013노191
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable.

2. The judgment is a condition for sentencing favorable to the defendant, such as the fact that the defendant is living in depth his mistake in this court, the health condition of the mother and the defendant's mother's health is not good, and the business that the defendant had operated is faced with difficulties, and the family and the family members of the defendant want to take a preference against the defendant.

However, in full view of the following circumstances: (a) the Defendant has been punished for drinking driving and driving without a license on several occasions; (b) the Defendant was punished for drinking traffic accidents even; and (c) the Defendant, on July 12, 2012, did not know about having been sentenced to a two-year suspended sentence of imprisonment with prison labor for not less than four months; and (d) the Defendant was driving without a license on a license on a three-month basis; and (e) other circumstances, such as the Defendant’s age, character and behavior, intelligence and environment, and circumstances after the crime, the lower court’s sentence is too appropriate and too unreasonable.

Therefore, the defendant's above assertion is without merit.

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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