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(영문) 수원지방법원 2013.08.14 2013노2635
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (eight months of imprisonment) is too unreasonable.

2. There are extenuating circumstances, such as the fact that the defendant recognized the crime of this case as well as the mistake, and again, that the defendant would not drive a drinking without a license, and that there is a circumstance that the defendant should care for the negligent money regardless of disease.

However, the crime of this case is committed by the Defendant without a license under the influence of 0.173% alcohol concentration, causing a traffic accident in the process of the crime, and immediately after the accident, the circumstances after the crime are considerably poor, such as assaulting the victim in the process of vision with the victim and avoiding disturbance, etc.

In addition, the defendant has already been punished several times due to drinking driving or driving without a license (one time a suspended sentence of imprisonment and three times a fine), and the defendant committed the crime of this case, which is the same kind of crime during the suspended sentence without any real reflectivity even though he had already been subjected to a suspended sentence for driving without a license, and it is deemed that the defendant has significantly lack of efforts to enforce compliance consciousness or prevent recidivism.

In addition, in full view of the Defendant’s age, character and conduct, environment, motive and circumstance leading to the instant crime, circumstances before and after the instant crime, etc., the lower court’s punishment cannot be deemed to be unfair as it is inappropriate. Thus, the Defendant’s assertion cannot be accepted.

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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