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(영문) 수원지방법원 2015.09.18 2015노4258

도로교통법위반(음주운전)등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. It is true that there are conditions for sentencing favorable to the defendant, such as the fact that the defendant recognized the crime of this case, the defendant's blood alcohol concentration cannot be said to be high, and the driving distance is not long.

However, in full view of the following circumstances: (a) the Defendant was punished several times for the same crime; (b) was already subject to a fine during the period of repeated crime; (c) was punished for the same crime as stated in the first head of the crime of the lower judgment; and (d) committed the instant crime within the period of repeated crime; and (c) the Defendant’s age, character and conduct, environment, family relationship, and circumstances after the crime, which are the conditions for sentencing as indicated in the instant case, the lower court’s sentence is too unreasonable.

Therefore, the defendant and his defense counsel's above assertion of unfair sentencing is without merit.

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