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(영문) 수원지방법원 2015.09.23 2015노4188

도로교통법위반(음주운전)등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the court below (eight months of imprisonment) is too unreasonable.

2. Considering the fact that the defendant led to the confession and reflect of each of the crimes in this case, the blood alcohol concentration level at the time is 0.081% high, the distance operated without a license is relatively long, and there are family members to support, even though the defendant has been punished several times for the same crime in the past, as well as the defendant has been punished several times for the same crime in the past, during the period of suspension of the execution of the same crime, and repeated driving without a license (the defendant does not have the driver's license). In particular, even if the defendant was investigated on January 29, 2015 by regulating the driving without a license and without a license on driving without a license on March 14, 2015, the defendant repeated a license without a license on driving without a license on condition on March 14, 2015, the current Road Traffic Act has no reason to punish the defendant by taking into account the following circumstances: the defendant's motive and circumstance that the defendant has already violated the provision that is more favorable to the punishment of the defendant;

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.