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(영문) 창원지방법원 2017.07.06 2017노1048

도로교통법위반(음주운전)등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (six months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. There are extenuating circumstances for the Defendant, such as the fact that the Defendant recognizes and reflects the facts of the crime, the fact that the Defendant scrapped the vehicle driven at the time of the instant case, the fact that the wife of the Defendant is not healthy and is in the position where economic difficulty would be difficult due to the detention of the Defendant.

However, in full view of the various circumstances, such as the Defendant’s age, environment, sex behavior, motive for the crime, and circumstance before and after the crime, etc., the sentence of the lower court is too unreasonable, and considering the following: (a) the Defendant was punished four times (three times of punishment, one time of suspended execution) due to drinking driving; (b) the Defendant driven in the state of drinking alcohol concentration of 0.205% even during the hours of o.205%; (c) the Defendant, upon receiving the report at the time of the instant case, driven the police vehicle at the time of the instant case; and (d) there is no special relation or change of circumstances to be newly considered in the trial; and (e) there is no other circumstances that are the conditions for sentencing as shown in the records and arguments of the instant case.

3. As such, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.