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(영문) 서울동부지방법원 2015.10.22 2015노1041
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

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

2. As to the grounds for appeal, there are extenuating circumstances, such as the confession of a crime and the misunderstanding of errors, and the confirmation of the sentence in this case becomes final and conclusive, the suspension of execution (two years of imprisonment for eight months and one year of suspended execution) which has become final and conclusive.

However, the defendant, while driving a motor vehicle under the influence of alcohol and causing an accident involving other motor vehicles in violation of the signal at the intersection, has the record of being punished in violation of the Road Traffic Act over several occasions, including the fact that he/she was sentenced to a suspended sentence of two years due to drinking driving in 2009 and 2010, four times of driving under the influence of alcohol and six times of driving under the influence of alcohol (including one time of driving under the influence of alcohol and one time of driving under the influence of alcohol). On February 26, 2014, the defendant was sentenced to a suspended sentence of eight years of imprisonment for violation of the Punishment of Violence, etc. Act (a collective deadly weapons, etc.) and was sentenced to a suspended sentence of eight years of suspension, but committed the crime in this case without being able to serve as a fine for the defendant, and in light of all the above circumstances, it is not appropriate that the court below sentenced the defendant to the punishment of imprisonment with prison labor for the crime in excess of one year and six years of age.

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.

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