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(영문) 대전지방법원 2013.09.12 2013노1430
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The 6-month imprisonment sentenced by the court below is too unreasonable.

2. The judgment is based on the fact that the defendant is divided into his mistake, that the defendant is physically handicapped, that the defendant has been punished several times for the same kind of crime, that there is a high drinking level and driving distance, and that it is not short of the driving distance. Considering the circumstances that the court below had already asserted, it is difficult to find out any normal relation or change of circumstances that the defendant sentenced a punishment lower than the statutory punishment (Article 148-2 (1) 1 of the Road Traffic Act) through discretionary mitigation, and it is difficult to find any other normal relation or change of circumstances that may reduce the above punishment, and in full view of various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, circumstances before and after the crime, etc., the sentencing of the court below is too unreasonable. Thus, the above argument by the defendant is without merit.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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