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(영문) 창원지방법원 2016.07.28 2016노1284

도로교통법위반(음주운전)

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (six months of imprisonment) is too unreasonable.

2. The fact that the judgment is favorable to the Defendant that the Defendant led to the confession of the facts constituting an offense and reflects on the fact, and that the Defendant either disposed of the instant vehicle and did not repeat the offense around March 25, 2016.

However, despite the fact that the alcohol level at the time of driving the instant drinking was considerably high 0.104%, the Defendant was subject to a fine of 2 million won in 2002, a fine of 1 million won in 2005, a fine of 3.5 million won in 2007, a fine of 5 million won in 2012, a fine of 5 million won in 2012, and a fine of 2 years in 2013 under the suspended sentence of 2 years in June 2013, the Defendant again committed the instant crime; the Defendant inflicted physical damage on the traffic accident at the time of driving the instant drinking; the Defendant’s age, environment, sex, motive for committing the instant crime, circumstances before and after committing the instant crime, etc., it cannot be deemed that the lower court’s punishment is too unreasonable by taking full account of all the various circumstances that are the conditions for sentencing as shown in the records and arguments.

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.