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(영문) 대전지방법원 2017.04.12 2017노383
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (six months of imprisonment) is too unreasonable.

2. The judgment of the Defendant recognized the instant crime and against the nature of the crime, and did not repeat the crime.

It is favorable to the defendant, such as the fact that the defendant is a person with a disability of the third degree with brain-dead disability, the fact that the defendant must support the mother's father, etc.

However, there are many criminal records of the defendant with the same kind of crime, and even long after the period of suspension of execution expires due to the same crime, the fact that the defendant committed the crime of this case again, and that the defendant was additionally driving without the driver's license on October 21, 2016 during the trial, etc. are disadvantageous to the defendant.

In full view of the fact that there are no special circumstances that the original judgment and the punishment are different from the original judgment in the sentencing conditions indicated in the records, such as the above circumstances and the Defendant’s age, sexual conduct, environment, motive, means and consequence, etc., 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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