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(영문) 수원지방법원 2013.04.17 2013노1059
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 (eight months of imprisonment) is too unreasonable.

2. Although there are circumstances to consider that the Defendant’s crime of this case is against the Defendant and that his family’s livelihood is difficult due to the detention of the Defendant, the Defendant’s blood alcohol concentration is very high to 0.231% at the time of the instant crime, and the instant crime is already punished twice by a fine due to drinking driving, and the Defendant is driving a marina car while under the influence of alcohol content 0.205% even in 2010.

In the event of traffic accidents, it was committed in the state of full development to the extent that it is impossible to drive the vehicle at the same time due to the occurrence of two-year period of suspension of execution after being sentenced to the two-year period of suspension of execution for six months and being sentenced to traffic accidents, and the nature and circumstances of the crime are very heavy, and the defendant denies the driving of the first person.

In full view of the following factors: (a) only when reporting the result of a false final detection, the driving fact would hinder the investigation; (b) the lower court, considering the favorable circumstances favorable to the Defendant, determined the sentence after discretionary mitigation; and (c) the Defendant’s age, character and conduct, environment, motive and circumstance leading to the instant crime; and (d) all the sentencing conditions as shown in the argument in the instant case, including the circumstances before and after the instant crime, etc., the lower court’s punishment cannot be deemed unfair, and thus, the Defendant’s assertion cannot be accepted.

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.

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