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(영문) 수원지방법원 2015.12.11 2015노4314
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (two years of suspended execution in six months of imprisonment, eight hours of community service order, and forty hours of lecture) is too unreasonable;

2. It is true that there is a condition for sentencing favorable to the defendant, such as the fact that the defendant recognized the crime of this case, the blood alcohol concentration cannot be said to be high, and the driving under the influence of alcohol is not long.

However, in full view of the fact that the Defendant had already been punished for drinking driving more than twice, but the nature of the instant crime is not less than that of the Defendant, and other various circumstances, including the Defendant’s age, character and conduct, environment, family relationship, and circumstances after the crime, the lower court’s sentence is too unreasonable.

Therefore, the defendant's above assertion of unfair sentencing is without merit.

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

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