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(영문) 수원지방법원 2018.09.19 2018노3871

도로교통법위반(음주운전)등

Text

The defendant's appeal is dismissed.

Reasons

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

2. That the defendant does not commit a second offense because he or she repents his or her mistake and reflects his or her mistake.

The fact that there is a family member to support, the fact that there is no additional damage due to the crime of this case, etc. are favorable circumstances.

However, the Defendant was sentenced to a fine for drinking without a license for driving without a license in 2015, which was sentenced to a suspended sentence of 10 months on August 31, 2016, and was sentenced to a suspended sentence of 10 months on the grounds of fraud, etc., and was sentenced to a fine on January 18, 2017, which was subject to a suspended sentence of 10 months, and repeated the instant crime. In addition, the lower court appears to have considered the favorable circumstances for the Defendant at the same time, and there is no special circumstance or change that may be considered for sentencing newly after the lower judgment was sentenced, and in full view of all the sentencing conditions indicated in the instant case, such as the Defendant’s age, sex, environment, background and consequence of the instant crime, and the circumstances after the crime, etc., the Defendant’s above assertion by the Defendant is not reasonable.

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.