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(영문) 수원지방법원 2018.10.26 2018노5266
도로교통법위반(음주운전)
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. Circumstances favorable to the Defendant, such as the fact that the Defendant reflects the crime, the driving distance was short, the occurrence of human and material damage caused by the instant crime, and the fact that there appears to be clear social ties, such as the existence of a family member who will support, etc., but, on the other hand, there was a history of punishing several times for the same crime, and the fact that the Defendant’s blood alcohol concentration was relatively high at the time of the instant case, are disadvantageous to the Defendant.

In full view of the above circumstances and the sentencing conditions indicated in the records, such as the Defendant’s occupation, family relation, health, age, sexual conduct, environment, motive and background of the crime, means and consequence of the 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 on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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