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(영문) 수원지방법원 2014.02.12 2013노6194
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. We can take account of the fact that the defendant recognized the crime of this case and divided the wrong facts, and again, he did not drive a drinking without obtaining a license.

However, at the time of committing the instant crime, the Defendant is highly likely to commit the instant crime by drinking alcohol in a state of drinking alcohol concentration of 0.124%, and the Defendant ultimately causes traffic accidents that shock the safety fence on the right side of the road while driving the instant case.

In addition, the defendant has already been punished several times due to drinking driving or unlicensed driving (one time of suspended sentence of imprisonment and three times of fine) and committed the crime of this case, which is the same kind of crime, during the period of suspended sentence without any real reflectiveness even though he had already been subjected to suspended sentence for drinking driving, and it is inevitable for the defendant to seriously lack his own awareness of compliance or efforts to prevent recidivism.

Meanwhile, taking into account the favorable circumstances in favor of the defendant, the court below sentenced the maximum sentence of imprisonment by reducing the amount of imprisonment with labor for the crime of the Road Traffic Act in this case.

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 unfair because it is unreasonable. 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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