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(영문) 수원지방법원 2015.03.16 2014노7726
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

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

2. In addition, even when considering the fact that the defendant's criminal act was committed at the time of and against his/her health, the fact that he/she must support his/her mother, the fact that the operation of his/her business is difficult due to detention, the defendant has been sentenced two times to a fine for the same kind of crime, such as violation of the Road Traffic Act, violation of the Road Traffic Act, violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and three times of suspended execution, respectively. In particular, the defendant's assertion that he/she committed the crime of drinking on September 18, 2014, which was immediately before the crime of this case, was sentenced to a summary order of a fine of KRW 7 million, which was issued on November 19, 2015, the defendant's blood alcohol concentration is 0.16% higher than that of the defendant's vehicle driving, and the defendant's allegation that he/she had no reason to commit the accident.

3. In conclusion, the defendant's appeal is without merit and it is in accordance with Article 364 (4) of the Criminal Procedure Act.

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