beta
(영문) 창원지방법원 2016.06.16 2016노709

도로교통법위반(음주운전)등

Text

The defendant's appeal is dismissed.

Reasons

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

2. We can take into account the following circumstances: (a) a single-speaket; (b) a confession of facts constituting a crime, and the fact that the defendant is against the law.

On the other hand, when committing the instant crime, alcohol level of the Defendant’s blood alcohol level is high at around October 14, 2015, and around January 12, 2016, at around 0.201% in the case of drinking, and at around October 12, 2016, the Defendant was punished on a total of seven occasions by drinking or non-licenseing, etc. In particular, the Defendant was sentenced to a suspended sentence of 2 years in October 2007 and 2 years in the suspended sentence of 2 years in 2010 and 3 months in 2012; furthermore, even after the execution of the final sentence was completed, the Defendant committed an inevitable act of drinking or non- mandatory driving on October 14, 2015 among the instant criminal facts, and in addition, the Defendant was sentenced to a strict traffic accident during the period of imprisonment with prison labor until October 14, 2015. < Amended by Act No. 13583, Oct. 14, 2015>

The lower court, including the aforementioned circumstances, determined the punishment by fully taking into account the circumstances surrounding the sentencing of the Defendant, and determined it within the 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.