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(영문) 수원지방법원 2018.07.18 2018노1593

도로교통법위반(음주운전)등

Text

The defendant's appeal is dismissed.

Reasons

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

2. It is recognized that the judgment of the Defendant reflects the Defendant’s depth on the instant crime, the driving without a license for drinking and without a license does not cause any traffic accident, the distance of driving without a license for drinking and without a license is relatively short, and there is no criminal conviction of imprisonment with prison labor.

However, in full view of all the circumstances, including the defendant's age, sex, environment, family relationship, motive and circumstance of the crime, and circumstances after the crime, the sentence of the court below is too unreasonable because of the fact that the defendant had been sentenced to the suspension of the execution for 10 months on July 14, 2016, and was under the suspension of the execution of 2 years on the grounds of a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Escking Vehicles).

Therefore, the defendant's 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.