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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2015.07.08 2015노738
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the court below (eight months of imprisonment) is too unreasonable.

2. Considering the fact that the defendant led to each of the crimes of this case, the driving distance under the influence of alcohol seems not to be relatively long, and the health of the defendant is not good, even if the defendant had been punished several times due to drinking driving in the past, and even if he was sentenced to a fine by being sentenced to a crime without a license during the period of probation due to refusal to measure a drinking, etc., the defendant repeats the driverless driving of this case and the degree of blood alcohol concentration is 0.142%, and the current Road Traffic Act provides that the person who violated the prohibition provision of drinking driving twice or more for the purpose of preventing the driving without any influence that threatens the safety of road traffic, preventing the driving without any influence, and overcoming it, the current Road Traffic Act provides that the person who violated the prohibition provision of drinking driving twice or more shall be punished more strictly in the case of again driving under the influence of alcohol, and the court below seems to have determined the punishment by taking full account of the circumstances favorable to the defendant, and there is no reason to view the defendant's age, character, family relationship, motive and circumstances after the crime.

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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