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(영문) 춘천지방법원 강릉지원 2013.08.13 2013노224
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The sentencing of the court below (six months of imprisonment) is too unreasonable.

However, there are conditions favorable to the defendant, such as the fact that the defendant's health is not good due to chronic pulmonary diseases, unstable disorders, etc.

However, on April 23, 2010, the Defendant had been punished several times, and this Court was sentenced to two years of imprisonment for a violation of the Road Traffic Act and again committed the instant crime during the period of the suspension of execution, even though he was sentenced to two years of the suspension of execution. The Defendant refused to undergo a warrant quality examination due to the instant case, but was arrested on April 15, 2013 after the period of the suspension of execution, thereby undermining the disadvantage following the invalidation of the said suspension of execution. Considering all other circumstances, the lower court’s sentencing is too unreasonable.

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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