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(영문) 수원지방법원 2014.11.27 2014노2527

도로교통법위반(음주운전)

Text

The defendant's appeal is dismissed.

Reasons

1. Although the Defendant asserted the misapprehension of legal principles in the statement of grounds for appeal, the Defendant withdrawn it on the first day of the trial of the first instance.

The punishment of the lower court (one year of imprisonment, two years of suspended execution, 40 hours of compliance driving, 80 hours of community service) is too unreasonable.

2. The judgment of the court below is against the defendant's wrong recognition of the defendant's mistake and it seems that there are some circumstances to consider in the process of the crime because the above article was committed by the defendant who left the scene while standing a vehicle of the defendant. However, the drinking driving is highly likely to cause serious harm to another person's life and body, the defendant's blood alcohol concentration was very high at the time of the crime. The defendant's blood alcohol concentration was punished three times from May 206 to July 2013, 206, and the defendant has been punished one time due to drinking driving, etc., and the defendant's age, character and conduct, circumstances of the crime, means, and results, etc., and all the sentencing conditions of the records and arguments of this case, such as the records and arguments of this case, are too unreasonable.

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

(However, the judgment of the court below is clearly stated that the " January 5, 2013" in the first page of the second page of the judgment below is a clerical error in the " January 5, 2014", and thus, ex officio correction is made in accordance with Article 25 (1) of the Rules on Criminal Procedure.