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(영문) 수원지방법원 2017.10.18 2017노5919
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 (six months of imprisonment) is too unreasonable.

2. That the defendant would not once again drive drinking or drive without a license;

The circumstances, etc. are recognized.

However, in full view of the following facts: (a) the Defendant had a criminal record for the same kind of crime; (b) the Defendant committed the instant crime during the suspended execution period due to the same criminal record; (c) the driving of drinking, etc. may cause serious harm to unspecified persons; and (d) the Defendant’s age, sex and family environment; (b) motive, means and consequence of the instant crime; and (c) other various sentencing conditions as shown in the pleadings of the instant case, such as the circumstances after the crime, are too unreasonable, and thus, the Defendant’s 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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