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(영문) 창원지방법원 2016.06.09 2016노857

도로교통법위반(음주운전)등

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The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (one year of imprisonment) is too unreasonable.

2. We can take account of the following circumstances: (a) the person who lives in a board; (b) the confession and reflects the criminal facts; and (c) there is no record of punishment exceeding the fine in addition to the previous convictions under the suspension of execution.

On the other hand, the defendant was punished four times in total due to drinking or non-licensed driving. In particular, the defendant was sentenced to 6 months of imprisonment with prison labor for a non-licensed driving for drinking in 2008 and 2 years of suspended sentence, and was sentenced to 4 months of imprisonment with prison labor at the Changwon District Court on January 8, 2010 and was sentenced to 7 million won of fine at the appellate court on March 11, 2010.

Nevertheless, each of the instant crimes committed on December 23, 2010, 2010, which was about nine months, with a non-licensed driving (0.092%) on December 23, 201, and with a non-licensed driving (0.103%) on August 1, 2012.

As a result, it is difficult to expect that the defendant is able to repent of wrong facts and not repeat the crime due to the punishment of fine or suspension of execution such as the existing one, and it is inevitable to make strict sentence against the defendant.

The lower court, including the aforementioned circumstances, determined the punishment by fully taking into account the overall circumstances of the Defendant and determined within a reasonable scope.

As there is no circumstance that can be newly considered in the trial, the sentence of the court below is too unreasonable because the sentence of the court below is too unreasonable.

3. If so, 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.