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(영문) 수원지방법원 2018.04.25 2018노84
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 confessions of each of the instant crimes, and that in the case of driving without a license or driving without a license, the Defendant did not cause a traffic accident.

However, the Defendant had a previous record related to non-licensed or drunk driving and violence over a long time. In particular, the Defendant committed each of the instant crimes without being able to reflect or self-esteem despite the existence of the repeated crime due to the crime of destroying property, etc., the driving of drinking is not insignificant to the degree of the Defendant’s primary activity at 0.116% in the case of drinking, the degree of the Defendant’s personal activity is not minor; in the case of damage of special property, the Defendant destroyed the entrance of the victim’s residence at night and damaged the victim’s residence at night and did not recover from the victim’s damage; in short, the Defendant’s age, sex, environment, family relationship, motive and circumstance of the crime, etc.; and in full view of all other circumstances that are the conditions for sentencing, such as the Defendant’s age, sex, criminal activity, family relationship, circumstances after the crime, etc., it is not recognized that the sentence of the lower court is too unfair.

Therefore, the defendant's 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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