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(영문) 수원지방법원 2014.01.09 2013노5039
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. As to the Defendant’s assertion of unfair sentencing, the Defendant’s mistake is against himself/herself, equity should also be taken into account with the case of violation of the Road Traffic Act, etc. (determination of judgment, Sept. 12, 2013), which is in the latter concurrent criminal relationship under the latter part of Article 37 of the Criminal Act, and the fact that there was no criminal conviction exceeding the fine against the Defendant at the time of committing the instant crime. However, the Defendant committed the instant crime while the Defendant was prosecuted for the instant crime of violation of the Road Traffic Act, which was pending in trial, and the instant crime of violation of the Road Traffic Act falls under the case where the Defendant was punished under the heavy punishment by driving under the same time after he/she committed two times of drinking. In the case of imprisonment, the statutory minimum sentence is one year, and the lower court’s age, health, character and behavior, home environment, background of the instant crime, degree of alcohol influence, degree of imprisonment before and after the instant crime, and all the circumstances before and after the instant crime are considered as inappropriate (see, e.g., the lower court’s without fault).

2. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that the defendant's appeal is without merit. It is so decided as per Disposition.

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