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(영문) 수원지방법원 2015.10.14 2015노1902
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the court below (two years of suspended execution in six months of imprisonment, and probation) is too unreasonable.

2. The judgment of the court below provides that the defendant confessions the crime of this case and reflects the fact that the defendant is driving under the influence of alcohol, the distance of driving under the influence of alcohol is 2 meters only, there is no record of punishment more severe than fines for the same kind of crime in the past, there is a family member to support the defendant's workplace compensation and the defendant's preemptive action against the defendant. Even though the defendant had been punished twice due to drinking driving in the past, the defendant repeats the driving of this case. The defendant's blood alcohol concentration level is 0.116%, the defendant's blood alcohol concentration level is 0.16%, the defendant's blood alcohol level is 0.16%. The current Road Traffic Act provides that the person who has violated the prohibition provision of drinking driving under the influence of alcohol is more severe punished if he drives under the influence of alcohol with the intention of preventing the traffic safety of the road and enhancing awareness of it, and the defendant's motive and circumstance that the court below's punishment is unreasonable after his choice is considered in light of the favorable circumstances for the defendant.

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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