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(영문) 춘천지방법원 2013.12.11 2013노653
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for six months) that the court below sentenced against the defendant is too unreasonable.

2. The judgment of the court below is against the defendant's mistake, and the defendant's punishment of this case is finalized, and there are circumstances such as the effect of the previous suspended sentence that the defendant should serve in prison (six months of imprisonment) as the result of the invalidation of the suspended sentence that he was sentenced before. However, these circumstances appear to have been considered in all the court below and there are no changes in circumstances at different times in the trial, while the defendant committed each of the crimes in this case without being aware of the fact that he had been punished for the same kind of crime even though he had been under the suspended sentence for the same crime, and the court below already selected imprisonment for one time after choosing imprisonment, sentenced the highest punishment among the applicable sentences. The current Road Traffic Act provides that the prohibition clause prohibiting drunk driving should be punished more strictly in the case of a person who violated the above prohibition clause two times or more in order to prevent the traffic safety of the road traffic, and that it is not recognized that the defendant's motive and circumstances leading to the crime in this case, and there are no other reasons to recognize the punishment of the defendant's crime in this case.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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