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(영문) 수원지방법원 2016.01.13 2015노4009
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court’s sentence (two years of suspended execution in six months of imprisonment, and forty hours of order to attend a course) on the gist of the grounds of appeal is too unreasonable.

2. Even if the judgment of the court below takes into account the following factors: (a) the Defendant was under the time to commit the instant crime; (b) the driving distance under the influence of alcohol and without a license is relatively long; (c) there was no past penalty; (d) there was a family member to provide support; and (e) there was the Defendant’s work club and b) there was a history of having been punished for each drinking in 2013 and 2014; and (c) there was no past history of having been punished for each drinking in 2013 and 2014; (d) the Defendant repeated the instant drinking and non-licenseing driving; (e) the current Road Traffic Act provides that more severe punishment should be imposed on a person who violated the prohibition provision on driving under the influence of drinking once or more to prevent driving under the influence of alcohol which threatens traffic safety; (e) the Defendant’s motive and circumstances favorable to the Defendant after choosing imprisonment with prison labor; and (e) the Defendant’s motive and circumstances leading up to the suspended sentence.

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

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