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(영문) 광주지방법원 2014.07.16 2014노1139
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The punishment of the court below (six months of imprisonment) is too unreasonable.

Judgment

It is a favorable condition that the defendant recognizes his mistake, disposes of his vehicle, and does not drive a drinking vehicle.

However, considering that the defendant was sentenced to a suspended sentence for 8 months in the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. of Specific Crimes, which was sentenced to a suspended sentence for 2 years in 2013 and committed the instant crime during the suspended sentence, it is inevitable to sentence the defendant to a suspended sentence.

In addition, six months of imprisonment with prison labor sentenced by the court below is the lowest sentencing range of the punishment to be mitigated. Considering the circumstances of the crime of this case, circumstances after the crime of this case, the defendant's age, character and conduct, and environment as a whole, it is not recognized that the sentence of the court below is too unreasonable. Thus, the defendant's assertion is without merit.

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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