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(영문) 창원지방법원 2017.08.24 2017노1144

도로교통법위반(음주운전)

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal is too unreasonable. The punishment (4 million won) imposed by the defendant is too unreasonable.

2. There are extenuating circumstances, such as the fact that the accused recognizes and reflects the crime, the fact that the accused drives a short distance of 50 meters in the public parking lot for commercial buildings, and the fact that the accused has many families to support.

However, the Defendant had the record of receiving a fine of KRW 1.5 million due to drinking driving, the Defendant’s blood alcohol concentration level of KRW 0.168% is considerably high at the time of the instant case, and the statutory penalty is a fine of KRW 3 million to KRW 5 million. The lower court sentenced a fine of KRW 4 million equivalent to the middle of the above statutory punishment in consideration of the Defendant’s same criminal record and blood alcohol concentration level, etc. The lower court did not change any special circumstances that may reduce or exempt this in the first instance court, and it does not recognize that the sentence imposed by the lower court is too unreasonable, taking into account all other various circumstances, including Defendant’s age, environment, sex, criminal conduct, circumstances before and after the commission of the instant crime, etc.

3. As such, 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.