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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2016.03.25 2015노5223
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds of appeal (two years of suspended execution, protection observation, community service order 120 hours and 40 hours of attendance order in the month of imprisonment for eight months) is too unreasonable.

2. The judgment of the defendant led to the confession of the crime of this case and reflects his mistake; that the section of the defendant driven while under the influence of alcohol is about 100 meters favorable to the defendant; on the other hand, the defendant committed each of the crimes of this case even if he was sentenced to a fine and a suspended execution on several occasions even before and after being punished for the same crime; that it is difficult to regard the defendant's blood alcohol concentration as 0.128% at the time of driving of this case as a low figure; and on the other hand, taking full account of the defendant's age, sex, sex, intelligence and environment, motive, circumstance, means, method, and consequence of the crime, circumstances before and after the crime, and criminal records, the court below's punishment is too unreasonable, and thus, the defendant and his defense counsel's allegation of the above unfair sentencing is not acceptable.

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 as per Disposition.

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