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(영문) 수원지방법원 2017.11.15 2017노4762
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 (two years of suspended sentence for six months of imprisonment, forty hours of community service, and forty hours of lectures to observe law) 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: (a) the Defendant has two or more times of driving alcohol; (b) the driving of drinking, etc. may cause great harm to other unspecified persons; (c) there is a great social risk; (d) the Defendant had a criminal record of multiple times, including the Defendant’s criminal record, and the Defendant committed the instant crime during the period of suspension of execution; and (d) other various sentencing conditions specified in the instant pleadings, such as the Defendant’s age, sexual and family environment, motive, means and consequence of the instant crime; and (e) the Defendant’s punishment is too excessive and is not deemed unfair, and thus, the Defendant’s assertion is groundless.

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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