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(영문) 광주고등법원 2013.04.11 2013노18
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal by the accused (six months of imprisonment) is too unreasonable;

2. There are circumstances favorable to the defendant, such as the fact that the defendant, while carrying out the doctor's initiative of the father before the day of this case, thought that he would drink and drive on the day of this case after drinking, that he was unable to obtain the driver's license because he was unable to cultivate Korean due to an infinite environment, that the defendant led to the crime in this case, led to the confession of the crime in this case, reflects the mistake, and that the defendant is a basic recipient, and that he raises a wife who is a mentally handicapped person, and is bringing up a baby in the second grade of elementary school.

However, the defendant was sentenced to a two-year suspended sentence for the same kind of case at the Gwangju District Court on November 3, 201, and was sentenced to a two-year suspended sentence for the same kind of case on which the judgment became final and conclusive, and the defendant committed the crime of this case at the same time during the period of suspended sentence. Nevertheless, the defendant committed the crime of this case at the same time during the period of suspended sentence. The sentence of the court below is the lowest sentence of the applicable sentences (at least six months but not more than one year and not more than six months) of this case, taking into account all the sentencing conditions as shown in the argument of this case, such as the defendant's age, character and behavior and environment, motive, means and consequence of the crime, and the circumstances after the crime, the above argument of the defendant 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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