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(영문) 수원지방법원 2018.11.14 2018노5074
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 (six months of imprisonment) is too unreasonable.

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 a family member to support, the fact that there is no additional damage due to the crime of this case, etc. are favorable circumstances.

However, in light of the fact that the Defendant’s blood alcohol concentration is considerably high, that the Defendant was sentenced twice to a fine due to drinking alcohol driving, and that the Defendant was sentenced to a suspended sentence of one year on May 30, 2017, which was sentenced to a suspended sentence of two years, and repeated the instant crime even during the grace period, the Defendant appears to have considered the favorable circumstances for the Defendant in the lower court, and there is no special change in the circumstances that may be newly considered in sentencing after the lower judgment was sentenced, and all of the sentencing conditions in 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, are considered to be too unreasonable. Thus, 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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