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(영문) 수원지방법원 2017.11.24 2017노7017
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 (the imprisonment of eight months) is too unreasonable.

2. The judgment of the defendant is favorable to the defendant, such as the fact that the defendant's mistake is recognized, and that there is no past record of punishment for imprisonment.

On the other hand, the fact that the defendant had been punished several times for the same crime, in particular, committed the crime of this case during the suspension of execution due to the crime without a license, and the fact that the defendant caused a traffic accident in the course of the crime of this case is disadvantageous to the defendant.

Considering the above circumstances and the Defendant’s age, sexual conduct, environment, motive for committing a crime, and circumstances after committing a crime, it is difficult to deem that the lower court’s punishment is too unreasonable as it 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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