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(영문) 수원지방법원 2019.02.13 2018노7226
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 (four months of imprisonment) is too unreasonable.

2. The judgment of the Defendant reflects the instant crime in depth, the following are favorable to the Defendant: (a) the Defendant did not cause any particular traffic accident while driving without a license for drinking or without a license; (b) the distance from driving without a license for drinking or without a license is relatively short; (c) the Defendant’s drinking or without a license is relatively short; and (d) the social relationship is obvious.

However, in full view of the fact that the Defendant was sentenced to a suspended sentence of imprisonment on June 7, 2017 due to a crime of violation of the Road Traffic Act (driving) and committed the instant crime of drinking without permission without permission despite being aware of the fact that the Defendant committed the instant crime of driving without permission even though he/she was under the suspended sentence, and all other circumstances constituting the conditions for sentencing, such as the Defendant’s age, character and behavior, environment, motive and circumstance of the crime, and circumstances after the crime, the lower court’s sentence is too unreasonable.

Therefore, 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 ground that it is without merit. It is so decided as per Disposition.

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