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(영문) 수원지방법원 2015.08.26 2015노2432
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. The judgment of the court below provides that even if the defendant has been punished several times for the same kind of crime in the past, the defendant repeats the drinking driving and theless driving of the motor vehicle in the past while disposing of the motor vehicle which has been driven, the distance from driving under the influence of alcohol and without a license is relatively long, the defendant's family members and employees have promised to guide the defendant, and even though there are family members to support, the defendant has been punished several times for the same kind of crime, and the current Road Traffic Act provides that the prohibition clause against the drinking driving under the influence of alcohol should be punished more strictly if the person who has violated the provision two times or more for the purpose of preventing the driving under the influence of the road traffic from undermining the safety of the traffic and overcoming it, in consideration of the circumstances favorable to the defendant before the decision of the court below's choice, the defendant's age, motive and circumstances of the crime, the circumstances of the crime and the grounds for the punishment of the defendant's punishment are not recognized, and there is no reason to view that the punishment of the defendant is too unfair.

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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