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(영문) 의정부지방법원 2018.10.05 2018노1975
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (six months of imprisonment) is too unreasonable.

2. The Defendant recognized the instant crime and is against the law.

The Defendant scrapped the instant vehicle.

This is the circumstances favorable to the defendant.

However, the crime of this case is not good because the defendant committed the crime of this case even during the period of repeated crime due to the violation of the Road Traffic Act (not after the accident).

The defendant has two or more criminal records of drinking, and has a number of criminal records related to traffic including his/her criminal records.

If there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect it (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). There is no new change in circumstances that may change the sentence of the lower court in the first instance court.

This is disadvantageous to the defendant.

In full view of such circumstances as well as the Defendant’s age, environment, sexual conduct, motive for committing a crime, and circumstances before and after committing a crime, etc., the sentence of the lower court is too unreasonable as it is too unreasonable.

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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