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(영문) 수원지방법원 2018.10.10 2018노5161
도로교통법위반(음주운전)
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (six months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The judgment of the Defendant committed the instant crime, even though he/she had been sentenced to a suspended sentence of imprisonment on three occasions due to drinking driving, since the period of the suspended sentence has not yet expired, and thus, again committed the instant crime. The driving of drinking is a crime that may cause serious harm to an unspecified person, and the social risk is considerably high. At the time of the instant crime, the Defendant’s blood alcohol concentration at 0.114% at the time of the instant crime, which was minor, is disadvantageous to the Defendant.

However, the defendant does not drive a drinking again, such as recognizing his mistake and reflecting his depth, and receiving treatment to correct a wrong drinking habit.

The circumstances are favorable to the defendant, such as the fact that the drinking is taking place, the fact that the driving of drinking is limited to the driving of drinking, the fact that the traffic accident is not caused, the fact that there is no criminal record of imprisonment, and the social relationship is clear.

In addition, considering the Defendant’s age, sex, environment, motive and circumstance of the crime, and the circumstances after the crime, etc., the lower court’s punishment is too heavy or is not unreasonable because it is too heavy. Therefore, the Defendant and the prosecutor’s assertion are without merit.

3. As such, the appeal by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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