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(영문) 수원지방법원 2018.04.11 2018노1016
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. It is recognized that the Defendant’s family members and branch members of the Defendant want to take the Defendant’s seat, such as: (a) the Defendant’s act of committing the instant crime in depth is relatively insignificant to 0.078% at the time of committing the instant crime; (b) the degree of driving at the time of committing the instant crime is relatively minor; (c) the occurrence of an accident was not caused by simple drinking or driving without a license; and (d) the disposal of the vehicle driven, etc.

However, the Defendant had been sentenced to four times during the recent two years, and, in particular, the Defendant again committed the instant crime of drinking and non-licensed driving without a license, without being aware of the fact that he/she had been sentenced to two months of a suspended sentence due to a non-licensed driving for four months, which was sentenced to two years of a suspended sentence, and without being aware of the fact that he/she again committed the instant crime of drinking and non-licensed driving; driving of drinking is a crime that may cause serious harm to an unspecified person; and taking into account all other circumstances such as the Defendant’s age, sexual behavior, environment, family relationship, motive and circumstance of the crime, and circumstances after the crime, it is not recognized that the sentence of the

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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