(영문) 수원지방법원 2018.01.12 2017노8352



The defendant's appeal is dismissed.


1. The decision of the court below on the gist of the reasons for appeal (4 months of imprisonment) is too unreasonable.

2. The fact that the defendant recognized his mistake and scrapped his vehicle after the crime of this case is favorable to the defendant.

On the other hand, the defendant has been punished several times due to the same traffic-related crimes, and in particular, the defendant was sentenced to suspended sentence due to the crime without a license and led to the crime of this case at the same time when two months have not passed since the suspension of execution, and the cancellation period of the driver's license of this case has considerably long, etc. are disadvantageous to the defendant.

Considering the above circumstances and the Defendant’s age, family relations, sexual conduct, environment, motive for committing a crime, and circumstances after committing a crime, the court below’s sentence is too unreasonable because it is too unreasonable in light of the following circumstances, given that there are no special changes in circumstances to be assessed differently from the sentencing conditions of the court below.

Therefore, the defendant's above assertion is without merit.

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.