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(영문) 대전지방법원 2017.09.20 2017노2045
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 (the imprisonment of eight months) is too unreasonable.

2. The judgment that the Defendant recognized the instant crime and against the nature of the Defendant, there is a family member to support the instant crime, and that he/she would not dispose of the vehicle and repeat the instant crime.

It is advantageous to the fact that the situation is different.

However, the defendant has been punished several times for the same crime (the penalty, the suspension of execution), and again commits the crime of this case during the suspension of execution due to the same crime, and the driving of drinking is highly likely to be punished due to the risk of an accident, etc.

In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, motive, means and consequence, there is no special change in circumstances that make the sentence different from the original court’s sentencing conditions indicated in the records of this case, such as the circumstances after the crime, the lower court’s punishment is too unreasonable.

Therefore, 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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