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(영문) 의정부지방법원 2016.02.02 2015노3084
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (six months of imprisonment) is too unreasonable.

2. That the judgment defendant would obtain alcohol dependence treatment, and would not drive alcohol again;

It is the reason to consider.

However, in full view of the following factors: (a) the Defendant had the same criminal history; and (b) the Defendant committed the instant crime of drinking and non-licensed driving again during the period of suspension of the execution despite being placed on two occasions; and (c) the Defendant’s age, sex, environment, motive, means, and consequence of the commission of the crime; and (d) other various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the circumstances before and after the commission of the crime, the sentence of the lower court is too unreasonable

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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