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(영문) 수원지방법원 2015.01.29 2014노7195

도로교통법위반(음주운전)

Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (six months of imprisonment) is too unreasonable.

2. The judgment of the court below is based on the following facts: (a) the defendant's mistake is recognized, and the blood alcohol concentration ratio of the defendant was not high at the time of the crime; (b) the defendant appears to have driven the vehicle of this case after drinking alcohol; (c) the defendant seems to have driven the vehicle of this case; (d) there are some circumstances to take into account the circumstances of the crime; and (e) the defendant's detention seems to have a very economic and mental difficult situation; (b) although drunk driving is highly likely to cause harm to another person's life and body, it is inevitable to punish the defendant more than six times; (c) there are six times the records of punishment for the violation of the Road Traffic Act; (d) the defendant caused a traffic accident; (e) the defendant was sentenced to 10 months of imprisonment with prison labor on February 2, 2012 due to the violation of the Road Traffic Act, the Act on the Aggravated Punishment, etc. of Specific Crimes (Death by Risk Driving); and (e) the defendant's age and condition of the crime of this case.

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