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(영문) 수원지방법원 2017.11.17 2017노6606
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 fact that the defendant repents and reflects his mistake, and that there is a family member to support is a favorable condition to the defendant.

On the other hand, there is a record that the defendant has been punished twice for the same crime, and in particular, the occurrence of a traffic accident caused by drinking and driving without a license during the period of suspension of execution due to the same crime is disadvantageous to the defendant.

In addition, when considering all the sentencing conditions indicated in the instant case, such as the Defendant’s age, sex, environment, background of the crime, 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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