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(영문) 제주지방법원 2016.01.14 2015노462
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (the imprisonment of eight months) is too unreasonable.

2. The fact that the judgment of the defendant recognized the crime of this case and reflected, there are some circumstances that can be taken into account the circumstances in which the defendant was driving, and that when the defendant was sentenced to a punishment, it seems that the defendant would be faced with considerable economic difficulties due to the repayment of the existing loan, and in particular, the mother who depends on the defendant's livelihood will be able to take into account the sentencing of the defendant.

However, in addition to the Defendant’s previous convictions on five occasions, and in particular, even if the Defendant was sentenced to a two-year sentence of imprisonment with prison labor from the court on February 14, 2014, even though he was sentenced to a two-year sentence of imprisonment with prison labor, such prior to the suspension of the execution, such prior to the occurrence of the two-year sentence, the Defendant’s previous convictions led to the instant drinking and non-licensed driving; further, the Defendant’s degree of alcohol in blood at the time of the instant driving reaches 0.136% due to theless concentration of alcohol at the time of the instant driving; and other various circumstances, including the Defendant’s age, sexual behavior, environment, motive and circumstance leading to the instant crime, and circumstances before and after the instant crime, even if considering the aforementioned favorable circumstances and the invalidation of the suspended execution, it cannot be deemed unfair for the lower court’s punishment to be too unreasonable.

3. In conclusion, 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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