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(영문) 창원지방법원 2013.04.04 2013노221

도로교통법위반(음주운전)등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the punishment imposed by the court below (six months of imprisonment) is too unreasonable in light of the fact that the defendant made a confession of the facts charged in the instant case, and that the defendant is responsible for the livelihood of his family, such as his mother and woman living together, etc.

2. Taking into account the circumstances alleged by the Defendant, even in the past, the Defendant had been punished several times due to the same or similar crimes such as the violation of the Road Traffic Act (one-time imprisonment, two-time suspension of the execution of imprisonment, and four times fines) but again repeats the instant crimes; the Defendant’s blood alcohol concentration is relatively higher than 0.188%; the Defendant continued to drive without a license even though the enemy acquired the driver’s license, and the Defendant continued to drive without a license, and all other circumstances constituting the conditions of sentencing as shown in the records and arguments, such as the Defendant’s character, character and environment, etc., are considered as inappropriate. Thus, the Defendant’s above assertion is without merit.

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

참조조문