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(영문) 수원지방법원 2019.01.16 2018노7261
도로교통법위반(음주운전)
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The gist of the grounds for appeal asserts that the Defendant is too unafford by the lower court’s punishment (ten months of imprisonment) so as to be too unreasonable, and that the prosecutor asserts that the lower court’s punishment is too unafford and unreasonable.

2. The circumstances favorable to the defendant are that the defendant's mistake is recognized and reflects on his or her own, and that the defendant is in a position to support the poor elderly, health, etc.

On the other hand, the fact that the defendant had been punished several times due to drinking driving, and that the defendant committed the crime of this case during the period of repeated crime due to the violation of the Road Traffic Act (e.g., refusal to take a drinking level), and that the defendant caused physical damage in the traffic accident due to drinking driving of this case is disadvantageous to the defendant.

Considering the above circumstances and the Defendant’s age, character and conduct, environment, family relationship, motive for committing an offense, and circumstances after committing an offense, it is difficult to deem that the lower court’s punishment is too heavy or unreasonable.

Therefore, the above argument by the defendant and the prosecutor is without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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