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(영문) 창원지방법원 2016.11.24 2016노2526

도로교통법위반(음주운전)

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable, due to the summary of the grounds for appeal.

2. The judgment that the defendant led to the confession of criminal facts and reflects on the criminal facts, the blood alcohol concentration at the time of driving under the influence of alcohol in this case is very high to 0.084%, and the fact that it is not controlled by causing a traffic accident is favorable to the defendant.

However, the Defendant again committed the instant crime even though he/she had been punished for the same kind of crime in 2005 and 2006, such as a fine of two million won for drinking without a license in 2006, a suspended sentence of two years for a year of imprisonment due to drinking or without a license driving in 2007, a imprisonment with prison labor for a year of drinking or without a license driving in 2007, a suspended sentence of two years due to a refusal to take a drinking test in 2013, and a suspended sentence of two years of suspended sentence in 2013, and there is no special change in the trial, and there is no other circumstance especially changed in the trial, and it cannot be deemed that the lower court’s sentence is too unreasonable in full view of various circumstances that are the conditions for sentencing as shown in the instant records and arguments, such as the Defendant’s age

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.