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(영문) 수원지방법원 2017.12.08 2017노7167
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 (ten months of imprisonment) is too unreasonable.

2. The fact that the Defendant recognized his mistake and reflected against the Defendant is favorable to the Defendant.

On the other hand, the fact that the defendant has been punished several times, including imprisonment for the same kind of crime, and in particular, even though he was indicted as a crime of paragraph 1 in the decision of the court below, he again commits the crime of paragraph 2 in the decision of the court below, and causes a traffic accident in the process, etc. is disadvantageous to the defendant.

Considering the above circumstances and the sentencing conditions indicated in the records, such as the Defendant’s health status, family relation, age, sexual conduct, environment, motive for committing a crime, and the circumstances after committing a crime, it is difficult to view that the lower court’s punishment is too unreasonable.

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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