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(영문) 수원지방법원 2014.10.20 2014노4738
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (eight months of imprisonment) is too unreasonable.

2. The Defendant had already been punished five times by a fine due to drunk driving or unlicensed driving, two times a suspended sentence of imprisonment with prison labor, and again committed the instant crime at one time without obtaining a license for drunk driving, and one time a suspended sentence of imprisonment with prison labor. In particular, the Defendant committed the instant crime during the grace period, even though he was sentenced to six months of imprisonment with prison labor due to drunk driving and two years of suspended sentence due to a suspended sentence in 2012. Since the repeated punishment has not been eradicated, it is inevitable to punish the Defendant.

In addition, taking into account the following factors: Defendant’s age, character and conduct, environment, background and consequence of the crime, the circumstances after the crime, etc., and all the sentencing conditions indicated in the instant records and arguments, it is considered that Defendant is in profoundly against Defendant’s mistake.

Even if the sentence of the court below is too unreasonable, it is not likely that the sentence of the court below is too unreasonable.

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

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