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(영문) 전주지방법원 2014.11.07 2014노899
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The lower court’s punishment (three million won of fine) against the Defendant on the summary of the grounds of appeal is too unreasonable.

2. Although part of the circumstances favorable to the defendant, such as the fact that the defendant recognized the crime and reflects the fact that it is difficult for the defendant to live as the most supporting wife and many children, the defendant has been sentenced to a fine and a suspended sentence of execution for the same crime, the crime of this case is punishable by imprisonment with prison labor for not less than one year but not more than three years, or by a fine not less than ten million won but not more than ten million won, and the court below imposed a reduced sentence by taking into account the above favorable circumstances of the defendant, and in full view of all other circumstances that form the conditions for sentencing specified in this case, including the defendant's age, character and behavior, environment, family relationship, etc., the court below's punishment is too unreasonable. Thus, the defendant and his defense counsel's allegation of unfair sentencing is without merit.

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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