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(영문) 수원지방법원 2017.04.14 2016노6173
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (7 million won by imprisonment) is excessively unreasonable.

2. The circumstances favorable to the defendant are that the defendant recognized his mistake and reflects the fact that the defendant had no record of punishment heavier than the fine prior to the crime of this case.

However, there are the records that the Defendant was punished twice as the same crime, and the blood alcohol concentration is relatively high at the time of the crime of this case, and the fact that the Defendant caused a traffic accident due to the driving of drinking in this case is disadvantageous to the Defendant.

When comprehensively considering the above circumstances and the overall sentencing conditions of Article 51 of the Criminal Act, which were revealed in the records and changes of the instant case, the lower court’s punishment is too unreasonable.

The above assertion by the defendant is without merit.

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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