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(영문) 창원지방법원 2015.04.02 2015노275

도로교통법위반(음주운전)등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the lower court (eight months of imprisonment) is too unreasonable.

2. It is recognized that the vehicle driven by the defendant is a motorcycle and the risk of the crime is relatively less than that of the motor bicycle, and that the defendant recognized the crime and reflects to some extent.

However, the defendant repeated without a license at intervals of the degree of the pressure, and the degree of blood alcohol level was very high as 0.207% at the time of the second crime, and all traffic accidents have been occurred at the time of the second crime, even though the defendant was punished five times or more due to drinking driving or refusal to measure drinking, the judgment of suspended execution due to the refusal to measure drinking (two times suspended execution) became final and conclusive, and repeatedly committed each of the crimes in this case only two times, and the sentencing conditions as shown in the arguments such as the defendant's age, character, behavior and environment are examined, and the sentence of the court below is not deemed unfair.

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