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(영문) 제주지방법원 2019.06.13 2019노233
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

Although the Defendant appealed on the ground that the lower court’s punishment (six months of imprisonment) is too unreasonable, in light of all the sentencing conditions indicated in the records and arguments in the instant case, even if considering the family relationship, economic situation, etc. of the Defendant, it is not recognized that the lower court’s discretionary mitigation of imprisonment with labor chosen for the instant crime on the grounds stated in its reasoning, and it is too unreasonable to impose a sentence that corresponds to the lower limit of the statutory applicable sentences.

Since the appeal by the defendant is groundless, it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

[However, in the application of the judgment below, the pertinent Article of the Act and the column of the choice of punishment for the crime in the application of the law of the court below shall be corrected to "Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (amended by Act No. 15530, Mar. 27, 2018)".

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