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(영문) 인천지방법원 2016.09.28 2016노1796
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the court below sentenced the defendant (an order to attend a law-abiding driving lecture for one year and 40 hours suspended from the execution of imprisonment with prison labor for six months) is too unreasonable.

2. Taking into account the sentencing conditions revealed in the records and arguments of the instant case, even considering the circumstances asserted by the Defendant on the grounds of appeal, the lower court’s sentence 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.

4. Pursuant to Article 25(1) of the Regulation on Criminal Procedure, the correction of the judgment of the court below shall be corrected by correcting the conduct No. 15 and No. 17 of the sentence of the court below as follows:

On March 10, 2008, the Defendant issued a summary order of KRW 1,50,000,000 as a fine for a crime of violating the Road Traffic Act at the Incheon District Court on March 10, 2008, and issued a summary order of KRW 1,50,000 as a fine for the same crime at the same court on January 7, 201, and was sentenced to a fine of KRW 8 million on June 28, 201 by the same court on the same crime, etc.

Act

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