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(영문) 수원지방법원 2017.12.22 2017노7824
도로교통법위반(음주운전)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 the fact that the defendant's mistake is recognized and against himself, the fact that there are some extenuating circumstances in terms of driving circumstances, and that there are family members to support.

Meanwhile, the Defendant committed the instant crime during the period of repeated crime due to the same type of crime, and the Defendant committed the instant crime during the period of repeated crime due to the same type of crime. In particular, the Defendant committed the instant crime even though he/she was first punished one time due to drinking and driving without a license during the period of repeated crime, and committed again the instant crime even though he/she was first punished one time due to driving during the said repeated crime, and there are many records of punishment for the instant crime.

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, it is difficult to view that 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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