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(영문) 광주지방법원 2014.01.22 2013노2625
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable, due to the summary of the grounds for appeal.

2. The judgment reveals that the Defendant committed the instant crime under detention for about 2 months while making a confession of criminal facts; the distance of the Defendant’s driving is about 300 meters, and the Defendant was found to have stopped on the street while driving without causing a traffic accident; the Defendant is recognized to have no criminal record; the Defendant was sentenced to a fine three times due to a violation of the Road Traffic Act; the Defendant was sentenced to a suspended sentence for 8 months on December 27, 2012 due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (doing Vehicles). However, even if he was sentenced to a suspended sentence for 2 years due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Doing Vehicles) on the Aggravated Punishment, etc. of Specific Crimes, which was sentenced to a suspended sentence for 0.19% due to without a license during the suspended sentence period; the lower court appears to have determined the sentence by taking into account all favorable circumstances for the Defendant; there is no special change in the trial; the Defendant’s age and environment; and circumstances leading and motive of the Defendant to the instant crime.

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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