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(영문) 수원지방법원 2016.02.17 2016노40

도로교통법위반(음주운전)등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (one year of imprisonment) is too unreasonable as to the gist of the grounds for appeal.

2. The judgment of the court below is based on the following: (a) the Defendant led to the confession and reflect of the instant crime; (b) the distance from driving under the influence of alcohol and without a license is not relatively long; and (c) there are family members to support the instant crime; (d) the Defendant has been sentenced to imprisonment on July 3, 2015 with prison labor for the same kind of crime; and (e) on July 11, 2015, the Defendant was sentenced to a three-year suspension of execution on July 3, 2015; and (e) even if the judgment became final and conclusive on July 11, 2015, repeated the instant crime of drinking and non-licenseing; (e) the Defendant’s blood alcohol level at the time was high 0.15%; (e) the Defendant’s blood level was high; and (e) the current Road Traffic Act causes an accident involving other vehicles while driving under the influence of alcohol and without a license; (e) the Defendant’s motive and circumstances to punish the Defendant’s excessive drinking; (g) there are no reasons for the Defendant’s excessive punishment.

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.