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(영문) 수원지방법원 2018.03.28 2018노520
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. It is recognized that the Defendant’s judgment reflects the instant crime, did not cause an accident due to a mere drinking or unlicensed driving, and was endeavoring to prevent recidivism by disposing of the vehicle driven, etc., and that the Defendant’s family and branch members want to leave the Defendant’s wife.

However, in full view of all the circumstances, including the Defendant’s four-time criminal records and the Defendant’s four-time criminal records and, in particular, the Defendant again committed the instant crime without being aware of the suspension of the execution of imprisonment on two occasions due to driving under the influence of alcohol and without a license, and thus, the Defendant again committed the instant crime without being aware of the suspension of the execution of the sentence during the suspension of the execution of the sentence. Accordingly, the Defendant’s assertion is without merit, since the Defendant’s punishment is too unreasonable on account of the following: (a) a crime that may cause serious harm to an unspecified person; (b) a drinking driving is highly dangerous; and (c) the degree of his driving at the time of the instant crime is not insignificant to 0.110%; and (d) the Defendant’s age, sexual behavior, environment

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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