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(영문) 수원지방법원 2014.08.18 2014노2570
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 (six months of imprisonment) is excessively unreasonable.

2. In addition, the Defendant committed the instant crime without being aware of the fact that he/she was sentenced to a fine due to drinking or non-licensed driving at the Suwon District Court on October 30, 2012, when he/she was sentenced to a two-year period of suspended sentence due to drinking or non-licensed driving on October 30, 2012, and again committed the instant crime during the period of suspended sentence. The lower court sentenced to a minimum sentence of imprisonment by reducing imprisonment for the instant crime of violation of the Road Traffic Act. In full view of the Defendant’s age, character and behavior, environment, motive and circumstance leading to the instant crime, and circumstances before and after the instant crime, etc., the lower court’s sentence cannot be deemed unfair, even if considering the circumstances that the Defendant scrapped the vehicle that he/she was driving at the trial of the lower court.

3. In conclusion, the defendant's appeal is without merit, and all of them are dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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