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(영문) 수원지방법원 2013.06.13 2013노1090
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. Although the defendant's judgment on the assertion of unfair sentencing of the defendant recognizes the defendant's crime, when the sentence is sentenced to the case, the suspension of the execution of the previous conviction stated in the judgment of the court below becomes invalidated, the above suspended sentence is related to the crime of non-licensed driving and drinking driving, and the above suspended sentence is also related to the crime of non-licensed driving or drinking driving, and the defendant has been punished several times of a fine due to non-licensed driving or drinking driving, and the execution of imprisonment is not helpful for the defendant to give up the habits of traffic offense, and thus, it is inevitable to sentence. In this case, even if the defendant was sentenced two times of a fine due to drinking driving, it constitutes a case where the Road Traffic Act is severely punished by the defendant while driving under the influence of drinking, and considering all the records and arguments of the sentence of this case, including the defendant's age, character and behavior, family environment, circumstances before and after the crime, etc., the court below's imprisonment is proper and unfair (6 months of imprisonment).

2. 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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