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(영문) 창원지방법원 2014.12.18 2014노2193

도로교통법위반(음주운전)

Text

The defendant's appeal is dismissed.

Reasons

1. In light of the gist of the grounds for appeal, in light of the fact that the defendant confessions and reflects the defendant, and that the defendant works in good faith in the shipbuilding yard, the punishment imposed by the court below (5 million won of fine) is too unreasonable.

2. Taking into account the circumstances alleged by the Defendant, the drinking driving is a crime that may cause damage to the lives and property of individuals as well as other unspecified persons, and needs to be strictly punished by reflecting the purpose of the revision of the Road Traffic Act. The Defendant’s blood alcohol concentration is very high, the Defendant has the record of being punished by a fine for a violation of the Road Traffic Act (driving) even in 2008; the Defendant’s character, conduct and environment; the Defendant’s character, conduct and environment; the background and result of the instant crime; circumstances after the instant crime; and other circumstances that form the conditions for sentencing as shown in the pleadings, such as records and arguments, it cannot be deemed unfair since the lower court’s punishment imposed by the lower court is without merit. 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