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(영문) 수원지방법원 2018.11.28 2018노6456
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. The circumstances are that the Defendant’s efforts to prevent recidivism are favorable to the Defendant, such as: (a) the Defendant’s profoundly reflects the instant crime; (b) the Defendant did not cause any particular traffic accident while driving without a license; (c) the dependent exists; and (d) the treatment of alcohol ozone; and (c) the Defendant’s efforts to prevent recidivism.

However, in full view of all the circumstances such as the Defendant’s age, sex, environment, motive and circumstance of the crime, and circumstances after the crime, etc., the lower court’s punishment is too unreasonable, and thus, is too unreasonable. In so doing, the lower court’s punishment is too unreasonable, considering the following: (a) the Defendant committed each of the instant crimes without being aware of the fact that he/she had been under suspension of execution due to the same kind of crime; (b) drinking is a crime that may cause serious harm to an unspecified person; (c) the alcohol concentration in the blood of the Defendant at the time of the instant crime is considerably high; (d) the Defendant’s alcohol concentration at 0.137%; and (e) the Defendant’s age, sex, environment, motive

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.

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