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(영문) 수원지방법원 2017.11.08 2017노6304
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (one-year imprisonment) is too unreasonable as to the gist of the grounds for appeal.

2. That the defendant would not once again drive drinking or drive without a license;

The circumstances, etc. are recognized.

However, even though the defendant had the same criminal record for the defendant, and the defendant was sentenced to a stay of execution for six months due to a violation of the Road Traffic Act (refluence of drinking), etc. on November 2015, the crime of drinking and non-licensed driving in this case was committed, and the accident of collision of the vehicle parked due to drinking and non-licensed driving in this case was caused (On the other hand, the defendant caused an accident of being parked while driving in the previous state of drinking.

In full view of the following facts: (a) driving of alcohol, etc. may cause serious harm to unspecified persons; and (b) social risks are high; (c) the Defendant’s character and conduct and family environment; (d) the motive, means and consequence of the crime; and (e) various sentencing conditions specified in the instant pleadings, such as the circumstances after the crime, etc., the lower court’s punishment is too unreasonable, and thus, the Defendant’s 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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