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(영문) 수원지방법원 2019.01.09 2018노7002
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 circumstances favorable to the defendant include the fact that the defendant in charge of the instant crime reflects the depth of the instant crime, the fact that the drinking driving did not cause any particular accident, etc.

However, the Defendant committed the instant crime again without being aware of the fact that he/she was sentenced to a suspended sentence of two years on November 23, 2016 due to a violation of the Road Traffic Act (unlicensed Driving) on the grounds that he/she had been sentenced to a suspended sentence of two years on November 23, 2016. The drinking driving is a crime that may cause serious harm to unspecified people, and the social risk is considerably high. The Defendant’s blood alcohol concentration at the time of the instant crime is 0.125% and the degree of his/her drinking alcohol concentration is not insignificant. In full view of all other circumstances that are the conditions for sentencing, including the Defendant’s age, character and behavior, environment, motive and circumstance of the crime, and circumstances after the crime, the lower court’s punishment is too unreasonable.

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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