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(영문) 수원지방법원 2018.11.28 2018노6069
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (six months of imprisonment) is too unreasonable.

2. That the defendant does not commit a second offense because he or she repents his or her mistake and reflects his or her mistake.

The fact that there is no additional damage caused by the crime of this case, and there is a family member to support.

However, the Defendant was sentenced to a fine twice due to drinking driving on April 10, 2018, and was sentenced to a suspended sentence of two years due to drinking on the two-month period, and repeated the instant crime even during the suspension period. The lower court appears to have considered the circumstances that have already been favorable to the Defendant at the lower court, and there is no change in any special circumstance or circumstance that may be considered in the sentencing newly after the lower judgment was sentenced, and in full view of all the sentencing conditions in the instant case, including the Defendant’s age, sex, environment, the background and consequence of the instant crime, and the following circumstances, the lower court’s sentence is too excessive and unfair. Thus, 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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