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(영문) 수원지방법원 2015.01.15 2014노6730
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (six months of imprisonment) is too unreasonable.

2. The judgment is against the defendant's wrong recognition of his/her own mistake, and the defendant's blood alcohol concentration was reasonable at the time of the crime, and thus, the possibility of traffic accident was also high. The defendant was sentenced to a fine as to the crime of violation of the Road Traffic Act (driving) around January 2004, and the defendant was sentenced to a suspended sentence as to the crime of violation of the Road Traffic Act (driving) around August 201, although he/she was sentenced to a fine as to the crime of violation of the Road Traffic Act (driving) on or around August 2012, he/she again led to the crime in this case immediately after the period of the suspended sentence expires, taking into account all the sentencing conditions stated in the records and arguments of this case, such as the defendant's age, character and conduct, circumstances of the crime, means and result of the crime, and circumstances after the crime, etc., it cannot be deemed that the court below's excessive punishment is 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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