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(영문) 서울동부지방법원 2015.06.11 2015노455
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) of the lower court against the Defendant is too unreasonable for six months.

2. There are extenuating circumstances, such as the Defendant, who made a confession to commit an offense, and repents of errors, and the fact that he drinks by continued solicitation of the writers, and that he has to support an unqualified mother, health, etc.

However, driving of a vehicle without a driver's license is highly likely to cause a traffic accident, and the nature of the crime is not less than that of the crime. It has already been punished by a fine or imprisonment with prison labor due to drinking driving or unlicensed driving through several times. In particular, on September 14, 2012, the Seoul Eastern District Court sentenced a fine of KRW 7 million on the ground that driving under drinking or unlicensed driving again two times or more, and on May 23, 2014, the Seoul Southern Southern District Court sentenced the defendant to a fine of KRW 5 million on the ground that he/she had been sentenced to a fine of KRW 6 million on the ground that he/she had been under drinking or unlicensed driving again after driving under the influence of alcohol. In light of all the circumstances above, it is inappropriate for the court below to have sentenced the defendant to a fine for the crime in this case without a license for 6-month period, and it is not appropriate to have sentenced the defendant to a minimum sentence of imprisonment for not less than 1 year after driving under the Criminal Act.

3. In conclusion, the defendant's appeal is without merit and it is in accordance with Article 364 (4) of the Criminal Procedure Act.

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