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(영문) 서울동부지방법원 2017.02.02 2016노1850
도로교통법위반등
Text

The defendant's appeal is dismissed.

Reasons

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

2. According to the judgment, the defendant committed the crime of this case again during the period of probation, even though he had the record of criminal punishment three times of fine due to driving under drinking or non-licensed driving under the influence of alcohol and one time of the suspended sentence. The revocation of the license due to driving under the influence of alcohol and the repeated driving of non-licensed driving under the influence of alcohol, even though he/she did not have a driver's license, he/she was purchasing and driving a vehicle under the name of a female-child-gu. The crime of this case is committed, the damage to property caused by the accident of this case is not completely recovered, and all other circumstances, including the defendant's age, sexual behavior, environment, the circumstance and result of the crime of this case, and the circumstances after the crime, etc., which are the conditions for sentencing as shown in the records and arguments, are appropriate and it is not deemed unfair.

3. According to the 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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