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(영문) 수원지방법원 2016.07.13 2016노2985

도로교통법위반(음주운전)등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (one year of imprisonment) is too unreasonable as to the gist of the grounds for appeal.

2. However, the defendant recognized and reflected the crime.

However, even though the Defendant had been sentenced to 13 times or punishment for the same crime (7 times of punishment, 2 times of suspended sentence, 4 times of suspended sentence), and again committed the instant crime. In particular, the instant crime is whether the execution of imprisonment was completed due to a repeated crime due to drinking, driving without a license, and the instant crime was committed during the suspended execution period of sentence, and it is still not good that the instant crime was committed again for more than two months.

In addition, in full view of all other circumstances that are conditions for sentencing, such as the Defendant’s age, sex, environment, family relationship, motive and method of committing the crime, and circumstances after committing the crime, the sentence of the lower court cannot be deemed to be unfair because it is too large. Therefore, the Defendant’s assertion is without merit.

3. 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.