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(영문) 수원지방법원 2013.09.12 2013노3184
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. Although the defendant's judgment on the assertion of unfair sentencing by the defendant's assertion of unfair sentencing may be taken into account such factors as recognizing the defendant's crime, and against the mistake, the case constitutes a case where the defendant under the Road Traffic Act is severely punished as a consequence of drinking driving even though he was punished twice or more due to drinking driving. The defendant was sentenced to two years of imprisonment on August 28, 2012 or more due to drinking driving, and the defendant committed the instant crime during the grace period, and other various sentencing conditions as shown in the records and arguments of this case, including the defendant's age, character and behavior, family environment, background of the crime, blood alcohol concentration level, driving distance, occurrence of accident, and circumstances before and after the crime, etc., the court below's punishment (ten months of imprisonment) is appropriate and too unreasonable.

2. 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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