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(영문) 수원지방법원 2013.04.25 2013노939
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. Considering the fact that the defendant's judgment on the assertion of unfair sentencing is recognized as an offense, the error is against the defendant, the blood alcohol level at the time of each enforcement is 0.075% and 0.052%, the depositee who has no record of punishment exceeding the suspended execution, and the defendant has been punished twice for drinking driving in 2004, and the defendant has been punished twice for a violation of the Punishment of Drinking and Violences, etc. Act (collective, deadly weapons, etc.) on May 14, 2009. Considering that the defendant was sentenced to a suspended sentence of two years for one year, one year again during the suspended sentence and was sentenced to a imprisonment without prison labor again during the suspended period, and the blood alcohol level at the time of each enforcement is 0.05%, and the latter is 0.05%, the latter is the person who has no record of punishment exceeding the suspended execution, and the defendant has no record of the punishment before and after drinking driving, without permission and the Act on the Aggravated Punishment (Death, etc.).

2. 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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