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(영문) 수원지방법원 2021.03.26 2021노23
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The reasoning for appeal (one year of imprisonment) by the lower court is too unreasonable.

2. The lower court already determined the sentence by fully taking account of all the circumstances that the Defendant asserted on the grounds of appeal.

Although the Defendant had been punished several times due to the same kind of crime such as drinking driving, the Defendant again committed the crime of this case.

The Defendant continued to commit a crime even when he was sentenced to a suspended sentence of imprisonment with prison labor for a violation of drinking alcohol measurement refusal or a crime of drinking alcohol driving. The above disposition alone does not seem an appropriate means to prevent recidivism. Thus, the Defendant’s sentence is inevitable.

In addition, even if the court below’s punishment is too heavy even if it re-examines the sentencing conditions indicated in the records, such as the defendant’s age, sex, environment, circumstances of the crime, and circumstances after the crime.

It does not seem that it does not appear.

Therefore, the defendant's assertion is not accepted.

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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