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(영문) 대전지방법원 2014.10.29 2014노2337
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with labor for not less than six months) of the lower court’s sentence against the Defendant is too unreasonable.

2. In light of the above facts, the court below held that the defendant led to the confession of each of the crimes of this case and against his mistake, the defendant's failure to satisfy and was likely to satisfy the level of punishment through confinement life exceeding 2 months, the defendant scrapped the vehicle of this case, which is the mother of the defendant since this case, the defendant's family members want to dismiss the defendant's prior action against the defendant, and where the sentence of this case becomes final and conclusive, the previous suspended sentence becomes void.

However, since the driving without a license for drinking alcohol is highly likely to cause harm to another person's life and body as well as himself, the nature of the crime is not weak, the defendant's criminal punishment is six times due to the same crime, and the two times of the criminal punishment is more than that of the suspension of execution. On January 23, 2014, the defendant was sentenced to two years of the suspension of execution in August in the Daejeon District Court on the grounds of the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Doing Vehicles) in the Daejeon District Court on February 4, 2014, and was sentenced to two years of the suspension of the execution, and was sentenced to about four months of the suspension of the execution, but the defendant committed the instant crime again without being able to do so, and it seems that the risk of repeating the crime is high, and all other sentencing conditions such as the defendant's age, character and behavior, environment, and circumstances after the crime, etc. are considered as inappropriate.

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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