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(영문) 수원지방법원 2017.11.08 2017노6353
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. Even when considering the Defendant’s deep reflects on the instant crime and the fact that he/she ought to support his/her children, the Defendant was sentenced to a fine after having been sentenced to a suspended sentence due to a crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes (Epiking Vehicles) in 2016, which committed a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

Since the defendant did not know about the above action and again committed the crime of this case, it is inevitable to punish the defendant strictly.

In addition, considering all other circumstances that are conditions for sentencing, such as the defendant's age, sex, environment, family relationship, motive and circumstance of the crime, and circumstances after the crime, the court below's punishment is too unlimited and it is deemed unfair. Thus, 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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