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(영문) 의정부지방법원 2017.03.14 2017노26
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (six months of imprisonment) is too unreasonable.

2. In light of the following factors: (a) the Defendant committed a second offense during the suspension of the execution of imprisonment with prison labor due to the same crime; (b) the blood alcohol concentration at the time of the crime; and (c) the background of the crime; and (d) the Defendant’s family relationship, the sentence imposed by the lower court is too unreasonable.

3. In conclusion, the Defendant’s appeal is without merit and thus dismissed under Article 364(4) of the Criminal Procedure Act. However, according to Article 25(1) of the Regulation on Criminal Procedure, the Defendant was sentenced to imprisonment for 8 months and 2 years of suspension of execution on the ground that “The Defendant was sentenced to imprisonment for 8 months and 2 years of suspension of execution on the ground of a violation of Road Traffic Act (driving) in the first instance case of the first case of the judgment of the court below pursuant to Article 25(1) of the Regulation on Criminal Procedure.”

“The addition shall be corrected by correcting that “....”

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