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(영문) 수원지방법원 2015.07.22 2015노958
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, and forty hours of order to attend school) is too unreasonable.

2. Even if the judgment of the court below takes into account the fact that the defendant led to the crime of this case, there is no punishment force exceeding the previous fine, and that the defendant is at a disadvantage that he is unable to perform his duties for a considerable period of time when the judgment of suspension of execution becomes final and conclusive, even though he had the past records of punishment four times due to drinking driving, repeated driving, and the defendant's blood alcohol concentration is higher than 0.179%, and the current Road Traffic Act provides that the person who violates the prohibition clause of drinking again more than twice for the purpose of preventing driving under the influence of alcohol again to prevent it from being able to prevent the traffic safety and enhancing awareness of it, and further punishing the person who violates the prohibition clause of drinking under the influence of alcohol again more strictly, and considering all other circumstances that are conditions of sentencing, such as the defendant's age, character and behavior, environment, family relationship, motive and circumstance of the crime, and circumstances after the crime, the sentence of the court below is too unreasonable, and 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 since it is without merit. It is so decided as per Disposition.

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