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(영문) 서울중앙지방법원 2017.01.26 2016노4715
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the court below (one month of imprisonment) is too unreasonable.

2. The circumstances favorable to the defendant include the fact that the defendant recognized the crime of this case and is against the law, and that the defendant's family members maintain social ties, such as the defendant's wife.

However, the Defendant was sentenced to a fine twice due to driving without a license, four times due to driving without a license, or a criminal punishment, and on December 24, 2014, the Defendant was sentenced to a suspended sentence of six months due to driving with a drinking on December 24, 2014, and the instant driving of drinking was under a suspended sentence of two years due to a driving without a license, and the Defendant was under a bad condition to the Defendant.

In addition, considering the various circumstances that are conditions for sentencing as shown in the records, such as the defendant's age, sex, environment, and circumstances after the crime, the sentence imposed by the court below is too unreasonable.

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

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