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(영문) 창원지방법원 2016.10.06 2016노2051

도로교통법위반(음주운전)등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable, due to the summary of the grounds for appeal.

2. The defendant's confession of facts constituting a crime and reflects the fact, and the fact that the defendant's occurrence of a traffic accident not by causing a traffic accident is favorable to the defendant.

However, the Defendant’s blood alcohol concentration at the time of committing the instant crime is considerably high 0.097%; the Defendant was sentenced to imprisonment for six months with prison labor for driving without a license in 2012 and for two years with prison labor for six months, and for six years with prison labor for drinking driving in 2015, and was sentenced to imprisonment for two years with prison labor for the same crime. Despite the fact that the Defendant again committed the instant crime despite the period of the suspended sentence of imprisonment for the same crime, the Defendant had not yet been subject to the suspended sentence; there is no special change in the trial; and there is no other circumstance that the suspended sentence is not yet subject to the suspended sentence; and it cannot be deemed that the lower court’s sentence is too unreasonable in full view of various circumstances, including the Defendant’s age, environment, character and behavior, motive for the instant crime, and circumstances before and after the instant crime.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.