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(영문) 수원지방법원 2017.03.31 2017노209
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (six months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The facts that the defendant, after the crime of this case, has committed the crime of this case, repented and reflected his mistake in depth, and that the defendant has no record of having been sentenced to punishment are favorable to the defendant.

On the other hand, the defendant has been punished for the same kind of crime several times, and in particular, the defendant committed the crime of this case again during the suspension period after being sentenced to a two-year suspended sentence for six months of imprisonment due to the violation of the Road Traffic Act, and the fact that the blood alcohol concentration in this case is considerably higher than 0.301% is disadvantageous to the defendant.

In addition, when comprehensively considering various circumstances, such as the defendant's age, sex, environment, motive and consequence of the crime, and circumstances after the crime, etc., which are the conditions for the punishment in this case, the sentence of the court below is too unreasonable.

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.

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