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(영문) 수원지방법원 2016.02.17 2015노6570
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (six months of imprisonment) on the gist of the grounds of appeal is too unreasonable.

2. The judgment of the court below is based on the following: (a) the defendant confessions the crime of this case and reflects the fact that the crime of this case is committed; (b) the crime of this case does not cause an accident or inflict damage on others by simply drinking or unlicensed driving; (c) the blood alcohol concentration level is very high by 0.083%; (d) the defendant's detention is difficult to operate an enterprise; (e) the defendant's health is not good; (e) the family members and persons of the defendant want to take care of the defendant; (b) the defendant has been punished several times for the same crime of this case; (c) the defendant repeats the drinking and unlicensed driving of this case during the period of suspension of the execution of the crime; (d) the current Road Traffic Act prohibits the drinking of the road traffic for a considerable period of time after being arrested; and (e) stipulates that the defendant's argument that the defendant has already been punished by imprisonment with prison labor for more than two times after taking into account the circumstances of the crime of this case; and (e) the defendant's argument that the defendant has already violated drinking provisions for more than two times.

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 (Article 25 (1) of the Rules on Criminal Procedure).

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