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(영문) 춘천지방법원 2015.02.04 2014노1007
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for six months) that the court below sentenced against the defendant is too unreasonable.

2. Although there are favorable circumstances, such as the fact that the defendant's mistake is divided and reflected in the judgment, the violation of the Road Traffic Act, etc. for which the judgment became final and conclusive, and the principle of equity with the case where each of the instant crimes was adjudicated simultaneously, the defendant committed the instant crime since 2 months have not passed since he was issued a summary order of KRW 1.5 million for the crime of the Road Traffic Act on May 30, 2014. After that, the defendant committed the instant crime, he was under the influence of drinking and unlicensed driving, and the records of punishment for the same crime are several times. In light of the above circumstances, it would be difficult to correct the wrong defendant's habitive behavior only with the fine or suspended sentence alone, and the current Road Traffic Act does not prevent drinking driving that threatens the safety of road traffic, and has a sense of warning, and there is no reason for the court below to punish the defendant again, and there is no reason for the defendant's choice of punishment more than two times after the sentence of imprisonment with prison labor through various circumstances.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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