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(영문) 수원지방법원 2013.05.23 2013노1577
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The court below's decision on the assertion of unfair sentencing is inevitable since the defendant's judgment on the defendant's assertion of unfair sentencing recognizes the crime, and when the sentence is sentenced in this case, the suspension of the execution of the previous conviction stated in the judgment of the court below becomes invalidated, etc. However, the above suspended sentence is related to the crime of non-licenseing and refusing to measure alcohol without permission, and there are other records that the above suspended sentence was sentenced several times of fines due to violation of the Road Traffic Act of non-licenseing or drinking driving without permission, and eventually, the punishment of the defendant is punished as a fine or the suspension of the execution of imprisonment with labor is not helpful for the defendant to give up the habits of traffic offense. This case constitutes a case where the defendant is punished under the Road Traffic Act while he was sentenced two times by a fine due to drinking driving, and the case constitutes a case where the defendant was punished under the influence of drinking, and the court below's decision on the grounds that the defendant was sentenced to the maximum sentence mitigated after choosing imprisonment with prison labor, even if there were no accidents, the defendant's age, character, family environment, circumstances before and circumstances before or after the trial of this case.

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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