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(영문) 서울고등법원 2013.04.11 2013노561
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 for six months) of the lower court is too unreasonable.

2. There are circumstances that may be considered in light of the circumstances, such as the fact that the Defendant recognized the instant crime and reflects the mistake in depth, that the operating enterprise is in a crisis of bankruptcy, support for the aged parents, etc.

However, the crime of this case is a case where the defendant drives a vehicle without a driver's license while under the influence of 0.133% of alcohol level without a driver's license, and the nature of the crime is not weak, and the defendant has a record of criminal punishment several times due to the violation of the Road Traffic Act due to a driver's without a driver's license. In particular, the defendant was sentenced to a suspended sentence of one year for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes on June 10, 2010, a violation of the Road Traffic Act, a violation of the Road Traffic Act (Free Driver's License), and a violation of the Road Traffic Act (Free Driver's License). As to the crime of violation of the Road Traffic Act (Free Driver's License) committed during the suspended sentence, the defendant was sentenced to a fine once again for a crime of violation of the Road Traffic Act (Free Driver's License). The defendant again committed the crime of this case because it has not been in excess of the end of the suspended sentence, and there is no reason to amend the statutory punishment against the defendant's life and circumstances after the crime.

3. The defendant's appeal is without merit. Thus, 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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