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(영문) 수원지방법원 2019.01.30 2018노7538
도로교통법위반(음주운전)
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. The circumstances are favorable to the defendant, such as the fact that the defendant's mistake is recognized and reflected, that the drinking water of the defendant is relatively high, and that the social relationship appears to be obvious, such as the fact that the family and the neighbors want to have a preference, etc.

On the other hand, the fact that the defendant had been punished several times due to drinking driving, and that the defendant committed the crime of this case during the period of probation even though he was sentenced to a fine by committing a crime during the period of probation of imprisonment with prison labor due to a crime of this type, which is disadvantageous to the defendant.

In light of the above circumstances and the Defendant’s age, character and conduct, environment, family relationship, motive for committing a crime, and circumstances before and after committing a crime, it is difficult to deem 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 since it is without merit. It is so decided as per Disposition.

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