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(영문) 수원지방법원 2015.06.17 2015노2102
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the court below (eight months of imprisonment) is too unreasonable.

2. Even when considering the following facts: (a) the Defendant led to the confession and reflect of each of the instant offenses; and (b) there is no penal power to punish more than fines, the Defendant repeated his/her drunk driving only four times in 2014, including the instant case; (c) the Defendant was investigated by the police on October 22, 2014 and indicted on November 20, 2014; (d) on November 26, 2014, the Defendant had repeated the instant offenses without any specific awareness, such as repeating the crime of drinking and unlicensed driving; (e) the Defendant’s assertion that there was no reason to punish the Defendant by taking into account the following circumstances: (a) the current Road Traffic Act does not prevent the Defendant from driving under the influence of alcohol at the time of the instant case; and (b) there was no reason to further punish the Defendant by taking into account the following circumstances: (b) the Defendant’s motive and circumstances favorable to drinking without any influence; and (c) the current Road Traffic Act has no reason to further punish the Defendant’s penal punishment for drinking by more than two.

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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