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(영문) 수원지방법원 2015.11.25 2015노5260
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the court below (six months of imprisonment) is too unreasonable.

2. Even when considering the following facts: (a) the Defendant led to the confession and reflect of each of the crimes in this case; (b) the distance operated without a drinking or non-licensed license is relatively long; (c) there is a family member to support the Defendant’s family members and employees; and (d) the Defendant has been punished several times for the same kind of crimes in the past; (b) the Defendant repeated the Defendant’s drinking and non-licensed driving of this case during the period of suspension of execution of the same kind of crime (However, the period of suspension of execution has exceeded 0.258%; (c) the Defendant’s blood alcohol concentration level is very high; (d) the Defendant’s blood alcohol concentration level is high to 0.258%; and (e) the current Road Traffic Act also causes an accident involving other vehicles while driving in the state of drinking or non-licensed condition; (e) the current Road Traffic Act provides that more severe punishment should be imposed when a person who violated the prohibition provision on drinking driving again on more than two occasions, and (e) the Defendant’s motive and circumstances that are more favorable after his selection of imprisonment.

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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