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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2017.12.22 2017노6546
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (one year of imprisonment, two years of suspended execution, and 40 hours of lecture for compliance driving) on the summary of the grounds for appeal is too unreasonable.

2. The circumstances favorable to the defendant include the fact that the defendant recognized his mistake and reflects the fact that the defendant had no record of punishment since 2009.

On the other hand, the fact that the defendant has been punished several times due to the same crime, that the blood alcohol concentration of the defendant at the time of the instant case is considerably high, and that the defendant caused a traffic accident in the course of the instant crime, etc. are disadvantageous to the defendant.

Considering the above circumstances and the Defendant’s age, sexual conduct, environment, motive for committing a crime, and circumstances after committing a crime, it is difficult to deem that the lower court’s punishment is too unreasonable as it is too unreasonable in light of the sentencing conditions indicated in the record.

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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