beta
(영문) 창원지방법원 2021.02.02 2020노2889

도로교통법위반(음주운전)

Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal (one year and two months of imprisonment) of the lower court is too unreasonable.

2. The fact that the judgment recognizes the defendant's wrong and reflects the defendant's wrong, and that the defendant supports the old-age who is not good health is favorable to the defendant.

However, in full view of the following: (a) the Defendant was punished three times by a fine due to drinking driving; (b) one time a suspended sentence of imprisonment; and (c) one time a suspended sentence of imprisonment due to a refusal to take measurements of drinking; (d) there were many previous convictions including a sentence; (b) the Defendant committed the instant crime during the repeated crime; (c) the Defendant committed the instant crime during the repeated crime; (d) the blood alcohol concentration is very high; and (e) the police officer who received a report on a drinking driving and escaped from the crime; and (e) the Defendant’s age, sexual behavior, environment, motive, means and consequence of the crime; and (e) all the sentencing conditions indicated in the arguments, such as the circumstances after the crime, are too unreasonable.

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.