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(영문) 수원지방법원 2017.07.07 2017노78
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (the imprisonment of six months, the suspension of the execution of two years, and the order to attend a law enforcement lecture 40 hours) is too unreasonable.

2. The circumstances favorable to the defendant are that the defendant recognized his mistake and reflects the fact that the defendant had no record of punishment heavier than the fine prior to the crime of this case.

On the other hand, the fact that the defendant has been punished twice for the same crime, and that the amount of alcohol concentration among the blood of the defendant at the time of this case is relatively high is disadvantageous to the defendant.

When comprehensively considering the above circumstances and the overall sentencing conditions of Article 51 of the Criminal Act, which were revealed in the records and changes of the instant case, 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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