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(영문) 수원지방법원 2014.04.17 2014노1055

도로교통법위반(음주운전)

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court against the accused (six months of imprisonment) is too unreasonable.

2. Although considering the fact that the defendant's mistake is divided, the fact that the blood alcohol concentration of this case belongs to a very high part, that the defendant has been punished several times for the same kind and a different kind of crime, the violation of the Road Traffic Act of this case constitutes a case where the defendant is severely punished by driving under the influence of alcohol at once after driving under the influence of alcohol at least twice. In the case of imprisonment with prison labor, the statutory minimum limit is one year. The court below sentenced the maximum amount of punishment, and the court below imposed the defendant's age, character and behavior, environment, circumstances after the crime, etc., and all kinds of sentencing conditions as shown in the records and arguments of this case including the records and arguments of this case, it cannot be said that the punishment imposed by the court below is heavier.

2. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that the defendant's appeal is without merit. It is so decided as per Disposition.