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(영문) 수원지방법원 2014.11.27 2014노5269
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (eight months of imprisonment) is too unreasonable.

2. The judgment of the court below is against the defendant's mistake and it seems that the defendant's current health condition is not good. However, the drinking driving is highly likely to cause serious harm to another person's life and body, and the defendant's blood alcohol concentration was high at the time of the crime, and the defendant was under suspension of execution as to traffic accidents during drinking driving on or around June 2008. The defendant was under suspension of execution as to the traffic accident during drinking driving on or around March 201, and was under suspension of execution as to the traffic accident during driving without a drinking license on or around November 201, 201, the defendant again committed the crime of drinking driving in this case during suspension of execution while taking into account the defendant's age, character and behavior, circumstances of the crime, means and result, etc., and all of the sentencing conditions indicated in the records and arguments of this case such as the records and the circumstances after the crime, it cannot be deemed that 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 since it is without merit. It is so decided as per Disposition.

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