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(영문) 수원지방법원 2018.03.30 2018노619
도로교통법위반(음주측정거부)등
Text

The defendant's appeal is dismissed.

Reasons

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

2. The circumstances favorable to the defendant include: (a) the fact that the defendant's mistake was recognized and against himself/herself; and (b) the fact that the defendant's family members and branch members want to take a preference against the defendant; and (c) the social relation appears to be clear.

Although the defendant had been punished several times for the same crime including suspended execution, he committed the crime of drinking and driving without a license in the short time, and in the case of the crime of the 2017 Highest 2754 Highest 2754 Highest 2017 Highest 2017 Highest 2754 Highest 201, the fact that the quality of the crime is poor is unfavorable to the defendant.

Considering the above circumstances and the sentencing conditions indicated in the records, such as the Defendant’s age, sexual conduct, environment, and circumstances after the crime, 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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