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(영문) 수원지방법원 2013.09.25 2013노3666
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (eight months of imprisonment) is too unreasonable.

2. There are extenuating circumstances, such as the fact that the defendant recognized the crime of this case as well as the mistake, and again, the defendant did not drive a drinking without a license, and the fact that the defendant has a mother who should support the disabled.

However, the defendant already committed the crime of this case, which is the same crime during the period of repeated crime, without any serious reflect even though he had been sentenced twice as well as the past who had been sentenced twice due to drinking driving or unlicensed driving. However, it is inevitable for the defendant to strictly punish him by lack of compliance consciousness or efforts to prevent recidivism.

Meanwhile, in consideration of the favorable circumstances in favor of the Defendant, the lower court sentenced the sentence by discretionary mitigation of imprisonment with prison labor for the crime of the Road Traffic Act.

In addition, in full view of the Defendant’s age, character and conduct, environment, motive and circumstance leading to the instant crime, circumstances before and after the instant crime, etc., the lower court’s punishment cannot be deemed to be unfair as it is inappropriate. Thus, the Defendant’s assertion cannot be accepted.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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