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(영문) 수원지방법원 2014.03.13 2013노5287

도로교통법위반(음주운전)등

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. The judgment takes account of the fact that the defendant's mistake is divided, that the defendant supports the baby alone, etc. However, the blood alcohol concentration of this case is not lower than 0.139%, and the defendant continues to engage in the same kind of crime, such as imprisonment one time for the same crime, suspension of execution two times for a fine, and the suspension of execution of a sentence several times for a fine, although the defendant did not acquire a driver's license once, which is repeated. The crime of 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 or more times after the defendant committed a drunk driving. In the case of imprisonment, the statutory minimum limit is one year for the punishment, and the court below sentenced the defendant's age, character, environment, criminal circumstances, etc., and all the kinds of sentencing and arguments shown in the records and arguments of this case, including the circumstances after the crime, it cannot be said that the punishment imposed by the court below is harsh.

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.