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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2013.11.11 2013노4271
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal is too unreasonable.

2. There are extenuating circumstances, such as the fact that the Defendant committed each of the crimes in this case and misunderstandings, and the fact that the Defendant’s vehicle is covered by the comprehensive automobile insurance, the degree of injury of the victim is not severe, and the Defendant agreed with the victim when it comes to the trial.

However, in this case, even if the defendant repeatedly drives without a license, and the victim suffered injury by causing a traffic accident while driving without a license, the crime is not less complicated than that of escape.

The defendant has already been punished once the suspension of the execution of imprisonment with prison labor due to drinking driving or driving without a license, and even though there has been a history of punishment once the suspension of the execution of imprisonment with prison labor due to the escape vehicle and driving without a license, each of the crimes of this case, which are the same kind of crime, has a high possibility of criticism.

In addition, even though the defendant was already subject to suspended sentence for driving without a license, he committed each of the crimes of this case during the suspended sentence period without any genuine reflect, and it is inevitable to severely punish the defendant as significantly lacking efforts to observe the law or prevent recidivism.

On the other hand, the court below sentenced the punishment after reducing the sentence of imprisonment in consideration of the favorable circumstances in favor of the defendant.

In addition, comprehensively taking account of the Defendant’s age, character and conduct, environment, motive and circumstances leading to each of the instant crimes, circumstances before and after the instant crime, etc., the lower court’s punishment cannot be deemed unreasonable, even if it sufficiently takes into account the favorable circumstances of the Defendant as seen earlier.

Therefore, the defendant's argument cannot be accepted.

3. In conclusion, the defendant's appeal is justified.

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