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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2019.01.09 2018노6198
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. The following are the circumstances favorable to the Defendant: (a) the Defendant’s conviction reflects in depth on the instant crime; (b) the Defendant said that he would not repeat the instant crime by receiving hospital treatment in order to correct wrong drinking habits; (c) the driving of drinking alcohol does not cause a traffic accident separately; and (d) the social relationship is obvious.

However, in full view of all the circumstances such as the Defendant’s age, character and behavior, environment, motive and circumstance of the crime, and circumstances after the crime, etc., the sentence of the court below is too unreasonable because it is too unreasonable, considering that the Defendant committed the crime of this case without being aware of it even though the Defendant had been under suspension of execution due to the same kind of crime, and that the drinking driving is a crime that may cause serious harm to unspecified persons, and that the social risk is considerably high. The blood alcohol level of the Defendant at the time of the crime of this case is not insignificant by 0.115%.

Therefore, the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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