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(영문) 청주지방법원 2016.04.22 2016노237
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (eight months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The lower court determined that the Defendant was punished several times due to the Defendant’s act of driving alcohol or driving without a license, and, in particular, even though the Defendant was issued a summary order of a fine of KRW 5 million on June 3, 2013, which is relatively recent, repeated drinking and driving without license. The Defendant committed the instant crime without being aware of it during the period of repeated offense due to another type of crime, in depth divided the unfavorable circumstances and mistakes, such as the fact that the Defendant committed the instant crime without being aware of it during the period of repeated offense, disposed of the vehicle provided in the instant crime while committing the crime, such as the fact that the Defendant did not repeat the crime, as well as the favorable circumstances, such as the fact that he/she should support the old parent and his/her child, and other circumstances of sentencing as indicated in the pleadings, etc.

When comprehensively considering the conditions of sentencing, the sentencing judgment of the court below exceeded the reasonable limits of discretion in light of the matters requiring conditions of sentencing, the statutory penalty, the sentencing guidelines, etc. in the court below.

There is no circumstance that the lower court’s maintenance of the determination of sentencing is deemed unfair (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Accordingly, the Defendant’s double punishment is rejected.

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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