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(영문) 수원지방법원 2018.11.14 2018노5744

도로교통법위반(음주운전)등

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The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (the imprisonment of eight months) is too unreasonable.

2. The judgment is a favorable condition for the defendant to the point that the defendant reflects the crime of this case in depth, and that the defendant must support the minor together with his spouse.

However, the Defendant committed each of the instant crimes by driving the same vehicle as at the time of driving alcohol on September 2017 without being aware of the fact that he/she had been under suspension of the execution due to the Defendant’s blood alcohol crime on or around September 2017, without being aware of the fact that he/she had been under suspension of the execution due to the Defendant’s blood alcohol crime. The driving of alcohol is a crime that may cause serious harm to an unspecified person, and the social risk is considerably high. If the Defendant’s vehicle was under suspension of the driving of alcohol, and the Defendant’s vehicle was driven by the same passenger during his/her escape, may cause a large accident. The Defendant’s blood alcohol concentration at the time of the instant crime is not insignificant to 0.107%, and the Defendant’s age, sex, environment, motive and circumstance of the crime, and circumstances after the crime, etc., the lower court’s punishment is too unfair.

Therefore, the defendant's 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.