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(영문) 수원지방법원 2017.09.20 2017노5435
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 (eight months of imprisonment) is too unreasonable.

2. That the defendant would not once again drive a drinking or drive a unauthorized driver's license;

The circumstances, etc. are recognized.

However, the defendant committed the act of driving without a license and driving under Paragraph (1) of the judgment of the court below during the suspension period of execution due to the same criminal record even though the defendant had several criminal records for the same kind of crime, which caused a traffic accident during the course of driving alcohol, and the defendant again committed each crime under Paragraph (2) of the judgment of the court below since two months have not passed since he was prosecuted for each crime under Paragraph (1) of the judgment of the court below, and other various sentencing conditions specified in the arguments of this case, such as the defendant's age, sex and family environment, motive, means and consequence of the crime, etc., are not recognized to be too unreasonable since the court below's punishment is too excessive and unfair. Thus, the defendant's argument 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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