beta
(영문) 창원지방법원 2016.06.30 2016노990

도로교통법위반(음주운전)

Text

The defendant's appeal is dismissed.

Reasons

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

2. We can take into account the following circumstances: (a) a single studio, a confession of and reflect on the facts constituting an offense; and (b) a person who does not cause any other injury, such as a traffic accident.

On the other hand, the Defendant was punished by a fine of one million won in 2001, a fine of two million won in 2004, a fine of five million won in 2009, a fine of five million won in 2009, and a suspended sentence of two years in 201.

In this regard, the sentence of imprisonment with prison labor for 6 months was invalidated due to refusal to measure drinking and non-licenseed driving in 2012.

Accordingly, on January 30, 2013, when the execution of each of the above imprisonment with prison labor was provisionally released on January 30, 2013 and the period of parole expired on March 25, 2013, and the execution of the final sentence was completed, but, during the same repeated crime period, the instant drinking driving crime was committed under the influence of alcohol concentration of 0.08% during the same repeated crime period. Thus, strict sentence against the Defendant is inevitable.

In addition, considering the overall circumstances, the lower court’s punishment against the Defendant is deemed to have been determined by taking into account various circumstances, including the Defendant’s age, environment, sexual conduct, motive for committing a crime, and circumstances before and after committing a crime, the lower court’s punishment is not deemed to be unfair because it is too unreasonable for the lower court to have imposed punishment.

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.