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(영문) 수원지방법원 2013.09.05 2013노2925
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. Determination on the Defendant’s assertion of unfair sentencing may be taken into account: (a) the Defendant’s mistake is against the Defendant’s wrong judgment; and (b) the Defendant has no criminal record exceeding the suspended sentence; (c) the instant case constitutes a case where the Defendant under the Road Traffic Act was severely punished by driving under the influence of alcohol more than twice even though having been punished due to drinking driving; (d) the Defendant was issued a summary order of KRW 4 million for a crime of causing an injury to people during driving under the influence of alcohol on November 5, 201; and (e) on June 8, 2011, the Defendant was sentenced to a suspended sentence of 8 months for a crime of causing injury to people while driving under the influence of alcohol without a license on August 201; and (e) the Defendant was sentenced to a suspended sentence of 2 years for an injury to people during the said suspended sentence; and (e) the Defendant’s blood concentration level high at the time of blood alcohol; and (e) the Defendant’s records and arguments indicated in the instant sentencing, such as the Defendant’s age, character and family environment.

2. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since there is no reason to do so. It is so decided as per Disposition.

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