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(영문) 수원지방법원 2018.08.22 2018노3563

도로교통법위반(음주운전)

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (six months of imprisonment) is too unreasonable.

2. The judgment is recognized that the defendant is in a profound reflect on the crime of this case, that it does not cause any particular traffic accident while driving under the influence of alcohol, that it seems that he is making efforts to prevent recidivism, such as disposing of the vehicle he operated, and receiving hospital treatment for the purpose of improving the prevention of drinking habits, that there is no record of crime except criminal punishment by drinking driving, that there is no record of criminal punishment, that there is no record of criminal punishment by imprisonment with prison labor, that there is no record of criminal punishment by driving under the influence of alcohol, that the parent with the disability must support,

However, in full view of all the circumstances, including the Defendant’s age, sex, environment, motive and circumstance of the crime, means and consequence, etc., the sentence of the court below is too unfair, and thus, is not recognized as unfair, in light of the following: (a) the Defendant committed the crime of drinking in this case, even though the Defendant had a previous conviction on several occasions; (b) the driving of drinking is highly likely to cause serious harm to unspecified persons; (c) the alcohol level of the Defendant’s blood at the time of the crime in this case is considerably high; and (d) the Defendant’s alcohol level at 0.160% was not insignificant; and (e) the Defendant’s age, sex, environment, motive

Therefore, the defendant's assertion is without merit.

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.