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(영문) 춘천지방법원 2014.04.09 2013노897
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. Although there are extenuating circumstances, such as the fact that the defendant's mistake is divided and reflected in the judgment, and when the imprisonment of this case is finalized, the sentence of the court below is too unfair because the defendant's previous suspended sentence is invalidated and the defendant's imprisonment is to be sentenced to imprisonment (one year of imprisonment). However, these circumstances appear to have been considered in the court below, and there are no changes in circumstances at the same time and there are no other changes in circumstances at the court below. Meanwhile, the defendant committed the crime of this case even though he was punished for the same crime due to the same kind of crime, and there are several kinds of records such as the defendant's motive and background leading up to the crime of this case, circumstances after the crime of this case, and other various sentencing conditions in the records, such as the defendant's age, character and behavior, etc., are considered to have committed the crime of 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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