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(영문) 수원지방법원 2014.10.20 2014노4798

도로교통법위반(음주운전)등

Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (six months of imprisonment) is excessively unreasonable.

2. The Defendant had been sentenced 5 times of a fine due to drinking driving, 2 times of suspended sentence, and 2 times of a fine due to driving without a license, and again, had the history of being sentenced to a fine due to drinking without a license. In light of the fact that the nature of the crime of this case was poor, the lower court’s sentence is that the Defendant sentenced to a maximum sentence of imprisonment by reducing imprisonment for the crime of violation of the Road Traffic Act, and other factors such as the Defendant’s age, character and behavior, environment, motive and circumstance leading to the instant crime, and circumstances before and after the instant crime, etc., the lower court’s sentence cannot be deemed unfair even if considering the circumstances that the Defendant is against and has a family member to support.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.