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(영문) 창원지방법원 2013.10.04 2013노1524

도로교통법위반(음주운전)

Text

The defendant's appeal is dismissed.

Reasons

1. In light of the purport of the grounds for appeal, the punishment imposed by the court below (three months of imprisonment) is too unreasonable, in light of the fact that the defendant confessions and reflects the defendant, that the defendant has no previous convictions, that the defendant is in a position to support the wife of the defendant who is under the custody of the defendant.

2. Taking into account the circumstances alleged by the Defendant, the instant crime is deemed to have driven a motor vehicle while under the influence of alcohol 0.127%, and the case is not less than that of the Defendant, and driving under the influence of the amended Road Traffic Act, which may threaten another person’s life and body as well as himself, requires strict punishment in accordance with the purport of the amended Road Traffic Act. In the past, the Defendant has past records of punishment (two times a suspended sentence of imprisonment, three times a fine) such as the violation of the Road Traffic Act, the violation of the Road Traffic Act, the violation of the Road Traffic Act, and the violation of the Road Traffic Act (three times a suspended sentence of imprisonment). In particular, the Defendant was sentenced to a suspended sentence of four months at the Changwon District Court on March 30, 2012, and sentenced to two months a suspended sentence of imprisonment with prison labor for violation of the Road Traffic Act, and the Defendant again committed the instant crime during the suspended sentence as determined on April 7, 2012, and the Defendant’s aforementioned circumstances and circumstances leading up to the Defendant’s criminal punishment and repetitive effect.

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

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