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(영문) 수원지방법원 2015.06.12 2015노2173
도로교통법위반(음주운전)
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 judgment of the defendant recognized the crime of this case and is against the defendant, and the crime of this case is committed with the awareness that the defendant had been suffering from mental illness while drinking, and there are circumstances to consider the situation. However, the defendant committed the crime of this case again within six months after he was sentenced to imprisonment without a license and completed the execution, and the defendant has the record of having been punished several times for the same crime. The minimum of the statutory punishment of the crime of this case is one year, and the court below sentenced the lowest sentence by discretionary mitigation, and the defendant sentenced the sentence by discretionary mitigation, and considering all other various circumstances that are the conditions of sentencing of this case including the defendant's age, character and conduct, environment, family relations, etc., it is not recognized that the sentence of the court below is too unreasonable. Thus, the defendant and his defense counsel's allegation of unfair sentencing is not accepted.

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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