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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2015.08.12 2014노6704
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the court below (two years of suspended execution in six months of imprisonment, one hundred and twenty hours of community service order, and forty hours of lecture) to the summary of the grounds for appeal is too unreasonable.

2. The judgment of the court below provides that even when considering the fact that the defendant led to the crime of this case and made it against himself, there is no record of being punished more severe than the previous fine, and there is a family member to support it, the defendant repeated the drinking of this case even though he had been punished three times due to the drinking driving in the past, the defendant's blood alcohol concentration level exceeds 0.119%, and the defendant's blood alcohol concentration level exceeds 0.19%. The current Road Traffic Act provides that the person who has violated the prohibition clause of drinking again more than twice for the purpose of preventing the drinking driving threatening to the safety of road traffic, preventing the driving under the influence of alcohol again for the purpose of driving under the influence of alcohol again, the person who has violated the prohibition clause not less than twice for the purpose of driving under the influence of alcohol again, taking into account the favorable circumstances that the court below had already selected the imprisonment and sentenced the suspension of execution that amount to the lowest sentence of the punishment of the defendant, and all other circumstances such as the defendant's age, character and behavior, environment, family relationship, motive and circumstances after the crime are not justified.

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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