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(영문) 창원지방법원 2015.01.22 2014노2321

도로교통법위반(음주운전)

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable in light of the following: (a) the punishment imposed by the court below (two years of suspended execution in one year of imprisonment; probation; (b) probation; (c) community service order; (d) 80 hours in one year of probation; and (e) 40 hours in one compliance driving lecture) is too unreasonable.

2. Taking into account the circumstances alleged by the Defendant, the instant crime is deemed to have driven a motor vehicle under the influence of alcohol by 0.210% even though the Defendant had already been under the influence of alcohol more than twice, and the case is not less than that of driving a motor vehicle again, and the Defendant has been punished several times in the past (two times a suspended sentence of imprisonment, five times a fine) due to drinking driving and driving without a license, and driving under the influence of alcohol is an offense that may cause damage not only to an individual but also to life and property, and requires strict punishment by reflecting the purpose of the revision of the Road Traffic Act. In full view of all the circumstances, including the character, character and environment and environment of the Defendant, the background and result of the instant crime, and the circumstances after the instant crime, etc., the Defendant’s aforementioned assertion cannot be deemed to have been unfair since the sentence imposed by the lower court is without merit.

3. In conclusion, the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

참조조문