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(영문) 수원지방법원 2017.07.21 2017노609
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the part of the lower court’s punishment (six months of imprisonment, two years of suspended sentence, two years of community service order and compliance driving lecture order, 40 hours of each order) and in particular, the part of the order of community service order and compliance driving lecture order is too unreasonable in light of the present circumstances of the Defendant.

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 several times for the same crime 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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