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(영문) 수원지방법원 2018.09.07 2018노3650
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. Circumstances favorable to the Defendant, or the fact that the Defendant committed the instant crime during the period of suspension of execution, even though he had been subject to punishment several times for the same kind of crime including the suspension of the execution of imprisonment, is disadvantageous to the Defendant, such as the following: (a) the Defendant’s reflects the Defendant; (b) the driving distance was shorter; (c) the Defendant’s blood alcohol concentration was not relatively high at the time of the instant case; and (d) his family and the person wishing to take advantage of his wife; and (c) the Defendant committed the instant crime during the period of suspension of execution.

Considering the above circumstances and the sentencing conditions indicated in the records, such as the Defendant’s occupation, age, health, sex, environment, motive for committing a crime, and circumstances after committing a crime, it is difficult to view that the lower court’s punishment is too unreasonable.

Therefore, the defendant's above 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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