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(영문) 수원지방법원 2017.05.12 2016노6669
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 unreasonable as it is excessively unreasonable.

2. The circumstances favorable to the defendant include the fact that the defendant recognized his mistake and against himself, and that there is a family member to support the defendant.

However, the fact that the defendant has been punished several times for the same crime, and that he/she again commits the crime of this case without being aware of it even though he/she was sentenced to one year of imprisonment due to the crime of drinking driving, etc., is an unfavorable condition to the defendant.

When comprehensively considering the above circumstances and the overall sentencing conditions of Article 51 of the Criminal Act, which were revealed in the records and changes of the instant case, the lower court’s punishment is too unreasonable.

Therefore, the defendant's above assertion is without merit.

3. As such, the Defendant’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act on the ground that it is without merit, and it is so decided as per Disposition (see, e.g., Article 35 of the Criminal Procedure Act on the Aggravated Punishment of Cumulative Offense, since it is obvious that “1. Article 35 of the Criminal Procedure Act on the Aggravated Punishment of Cumulative Offense” has been omitted from among “the applicable provisions of the Act on the Aggravated Punishment of Offense,” and Article 25(1) of the Regulation on Criminal Procedure

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