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(영문) 수원지방법원 2018.10.31 2018노5378
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (six months of imprisonment) is too unreasonable.

2. That the defendant does not commit a second offense because he or she repents his or her mistake and reflects his or her mistake.

The fact that there is no additional damage caused by the crime of this case is a favorable circumstance.

However, the Defendant had the record of being punished several times, including the suspended sentence of imprisonment due to drinking or unlicensed driving. On February 3, 2016, the Defendant repeated the instant crime even though he/she had been sentenced to the suspended sentence for six months of imprisonment with prison labor due to drinking or unlicensed driving on drinking, and had been sentenced to the suspended sentence for six months on February 3, 2016. The lower court appears to have taken into account the circumstances favorable to the Defendant in the lower judgment, and there is no special change in circumstances or circumstances that may be considered newly after the sentence of the lower judgment, and in full view of all the sentencing conditions in the instant case, such as the Defendant’s age, sex, environment, the background and consequence of the instant crime, and the circumstances after the crime, the Defendant’s above assertion by

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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