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(영문) 수원지방법원 2015.04.15 2015노1294
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 fact that the defendant's criminal act was committed at the time of and against the judgment, the defendant has a history of being subject to criminal punishment twice or once due to driving without a license, and among them, even though he had been sentenced to a fine of KRW 8 million due to a violation of the Road Traffic Act (driving) around January 2014, he/she has long been sentenced to a fine of KRW 1,64,000 without a driver's license, driving a vehicle with no mandatory insurance by drinking alcohol to the extent that the blood alcohol level without a driver's license exceeds 0.164%, and taking into account all other circumstances, such as the defendant's age, character, character, environment, family relationship, motive, means and consequence of the crime, and the circumstances after the crime, etc., the sentence of the court below is too too unreasonable. Thus, 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 on the grounds that the defendant's appeal is without merit. It is so decided

[However, pursuant to Article 25(1) of the Rules on Criminal Procedure, “B” which is a fine of KRW 5 million from the Suwon District Court on January 10, 2014 to a fine of KRW 8 million due to a violation of the Road Traffic Act (driving) at the Suwon District Court on January 10, 2014, among the facts constituting the crime of the lower judgment pursuant to Article 25(1) of the Rules on Criminal Procedure, “The main sentence of Article 46(2)2 and Article 8 of the Guarantee of Automobile Accident Compensation Act (amended by Act No. 12987, Jan. 6, 2015)” is amended to “the former Guarantee of Automobile Accident Compensation Act (amended by Act No. 12987, Jan. 6, 2015).”

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