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(영문) 수원지방법원 2016.04.22 2016노1430

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 (eight months of imprisonment) is too unreasonable.

2. It is true that there is conditions for sentencing favorable to the defendant, such as the fact that the defendant recognized all of the crimes of this case and reflected in the judgment.

However, in full view of the fact that the defendant has already been punished more than 13 times for the same crime (including two times of actual punishment and one time of suspended execution) and that the defendant committed the crime of this case when he was sentenced to imprisonment for six months for the same crime and was sentenced to a repeated crime for which six months have not passed since the execution of the sentence was completed, and other various circumstances that form the conditions for the sentencing of this case, such as the defendant's age, sex, criminal conduct, environment, family relationship, circumstances after the crime, etc., the court below's punishment is too unreasonable. Thus, the defendant and his defense of the above unfair sentencing 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.