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(영문) 수원지방법원 2021.03.26 2020노6285

도로교통법위반(음주운전)

Text

The defendant's appeal is dismissed.

Reasons

1. The reasoning for appeal (one year of imprisonment) by the lower court is too unreasonable.

2. The lower court already determined the sentence by fully taking account of all the circumstances that the Defendant asserted on the grounds of appeal.

The Defendant has been punished four times due to driving of drinking alcohol or refusing to measure drinking (in addition to the three-time criminal records recorded in the facts of the crime, the Defendant appears to have been punished by a fine of 700,000 won due to driving of drinking in around 201, and the investigation records are 32 pages), and the Defendant committed the instant crime again within three years after being sentenced to a suspended sentence of imprisonment due to refusal to measure drinking.

In addition, even if the court below’s punishment is too heavy even if it re-examines the sentencing conditions indicated in the records, such as the defendant’s age, sex, environment, circumstances of the crime, and circumstances after the crime.

It does not seem that it does not appear.

Therefore, the defendant's assertion is not accepted.

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.