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(영문) 수원지방법원 2018.04.11 2018노587
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 too unreasonable.

2. That the defendant does not commit a second offense because he or she repents his or her mistake and reflects his or her mistake.

The fact that there is no additional damage caused by the crime of this case is a favorable circumstance.

However, in light of the following: (a) the Defendant’s blood alcohol concentration is relatively high; (b) the Defendant has been punished several times due to drinking and unlicensed driving; (c) repeated the instant crime even during the repeated period due to fraud; and (d) the circumstances that are already favorable to the Defendant appears to have been considered in the lower court; (b) there is no change in special circumstances or circumstances that may be newly considered in sentencing after the lower judgment was rendered; and (c) the Defendant’s age, sex behavior, environment, the background and consequence of the instant crime; and (d) all sentencing conditions indicated in the instant case, such as the circumstances after the crime was committed, the lower court’s sentence is too unreasonable, and thus, the Defendant’s above assertion 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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