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(영문) 수원지방법원 2017.12.15 2017노6352
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the imprisonment of eight months, the suspension of the execution of two years, the observation of protection, and the order to attend a compliance driving 40 hours) of the court below is too unreasonable.

2. The circumstances favorable to the defendant include: (a) the fact that the defendant repents and reflects his mistake; and (b) there is no record of punishment exceeding the fine due to the same kind of crime.

On the other hand, although the defendant had been punished twice due to the same crime, he/she was driving the drinking of this case at another time, and the defendant's blood concentration level is high.

The fact that we look at is disadvantageous to the defendant.

In addition, when considering all the sentencing conditions indicated in the instant case, such as the Defendant’s age, sex, environment, background of the crime, and circumstances after the crime, 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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