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(영문) 수원지방법원 2014.12.22 2014노6446
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. The Defendant was punished by a fine for a drunk driving in 2007 and 2009. On January 24, 2014, the Defendant again committed the instant crime during the grace period despite being sentenced to a two-year period of suspension of the execution of imprisonment on June 24, 2014. Since the repeated punishment and the crime of drunk driving are not eradicated even before and after the Defendant’s wife, it is inevitable to punish the Defendant with severe punishment, taking into account the following factors: the Defendant’s age, character and behavior, environment, motive and circumstance of the crime, etc., and all the sentencing conditions indicated in the instant records and arguments, including the Defendant’s age, character and behavior, crime motive and circumstance before and after the crime.

Even if the lower court’s punishment is unreasonable, it cannot be deemed that the sentence is unreasonable.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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