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(영문) 수원지방법원 2014.04.17 2013노6449
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant is merely allowing a substitute driver to drive the instant vehicle, and has not driven the said vehicle in a drinking condition.

B. The lower court’s sentence of unreasonable sentencing (one year of imprisonment) is too unreasonable.

2. Determination

A. The defendant has made a mistake of facts as alleged in the above mistake of facts in the court below, and the court below rejected its assertion in detail while making a detailed statement of the decision. In comparison with the above judgment of the court below, the judgment of the court below is just and it cannot be said that there is an error of law by misunderstanding of facts against the rules of evidence. Thus, the defendant's assertion of mistake of facts is without merit

B. In light of the fact that the Defendant did not recognize his mistake while denying the instant crime on the ground that the Defendant was under the influence of alcohol and not memory, the Defendant had a criminal record of multiple times, and even though he was under the suspension of execution due to the same kind of crime, the Defendant committed the instant crime, and the blood alcohol concentration was also considerable, and the Defendant’s age, character and conduct, background of the crime, means and consequence, and all of the sentencing conditions specified in the records and arguments, such as the circumstances before and after the crime, it cannot be deemed that the lower court’s punishment 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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