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(영문) 수원지방법원 2018.08.31 2018노3859

도로교통법위반(음주운전)등

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal asserts that the defendant is too unreasonable due to the defendant's punishment (six months of imprisonment with prison labor) of the court below, and the prosecutor asserts that it is too unfied and unfair.

2. The facts that the Defendant reflects the Defendant’s crime, the driving distance, and the fact that the Defendant’s social relationship appears to be clear are favorable to the Defendant, or that the Defendant committed the instant crime during the period of suspension of execution despite the fact that the Defendant had been punished several times, including the suspension of the execution of imprisonment, despite the fact that the Defendant had been punished several times, and that at the time of the instant case, the Defendant committed the instant crime during the period of suspension of execution. In full view of the circumstances unfavorable to the Defendant, such as the Defendant’s occupation, age, sex, family relation, environment, motive for the crime, and circumstances after the crime, it is difficult to view that the lower court’s punishment is too heavy or unreasonable, taking into account the following factors:

Therefore, the above argument by the defendant and the prosecutor is without merit.

3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.