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(영문) 수원지방법원 2018.08.24 2018노3485
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (six months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The judgment of the defendant led to the confession of the crime of this case and the prevention of recurrence.

The alcohol concentration in blood pertaining to the instant drinking driving did not reach the degree of revocation of the license as 0.096%.

The fact that the defendant living together with his wife in de facto marriage, shesheshel, and mother, while making efforts to live in good faith as a business member, and that the defendant's wife wants to leave his wife is favorable.

However, the Defendant had been punished five times due to the violation of the Road Traffic Act, such as drinking and driving without a license (one time a suspended sentence, and four times a fine). In particular, when the Defendant was sentenced to imprisonment for four months and two years a suspended sentence on July 16, 2014, and the said judgment became final and conclusive at that time, and two years have not passed since the suspended sentence was terminated, he again committed the instant crime of driving without a license and driving without a license.

In light of the above point, the defendant's awareness of the crime of drinking and non-licensed driving is weak, and the risk of recidivism is reasonable, so it is necessary to cause awareness of the crime through strict punishment.

I seem to appear.

In light of the circumstances, such as the Defendant’s age, sexual conduct, environment, motive and background of the crime, means and method of the crime, and the circumstances after the crime was committed, there are no special circumstances or circumstances that may be newly considered in the sentencing after the sentence of the lower judgment, and as a whole, various circumstances that form the conditions for sentencing as indicated in the argument and the record of the case, such as the circumstances after the crime was committed, it is not recognized that the sentence imposed by the lower court is

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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