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(영문) 수원지방법원 2018.11.21 2018노5937
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (one-year imprisonment) is too unreasonable as to the gist of the grounds for appeal.

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, and there is a family member to support.

However, even though the Defendant had been sentenced to several times of punishment due to drinking driving on July 13, 2016 and was sentenced to two years of suspended sentence on July 13, 2016, and had been sentenced to a fine for the crime without a license during the grace period, the Defendant repeated the instant crime. The lower court appears to have taken into account the circumstances favorable to the Defendant in the lower judgment, and there is no special circumstance or circumstance that may be newly considered in sentencing after the sentence of the lower court was rendered, and in full view of all the sentencing conditions of the instant case, such as the Defendant’s age, sex, environment, the background and consequence of the instant crime, and the circumstances after the crime, etc., the lower court’s sentence is too unreasonable. Thus, the Defendant’s aforementioned 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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