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(영문) 창원지방법원 2014.12.18 2014노2455

도로교통법위반(음주운전)등

Text

The defendant's appeal is dismissed.

Reasons

1. In light of the fact that the defendant confessions and reflects the gist of the grounds for appeal, that the defendant is at the location of supporting his wife and two minor children, and that the defendant would not repeat again, such as scrapping of the vehicle driven at the time of this case, etc., the punishment (six months of imprisonment) sentenced by the court below is too unreasonable.

2. Taking into account the circumstances alleged by the Defendant, even though the Defendant had already been under the influence of alcohol driving at least twice, the instant crime is deemed to have driven a vehicle without a driver’s license while under the influence of alcohol 0.112% at the same time. In the past, the Defendant has been punished several times due to drunk driving and without a driver’s license (one time of suspended sentence of imprisonment, six times of fines). In particular, the Defendant was sentenced on December 8, 201 to eight months by imprisonment with prison labor for the crime of damaging public goods and obstruction of performance of official duties at the Changwon District Court, which was sentenced on June 14, 201, while the execution of the instant punishment was completed, even during the repeated period, and the Defendant committed the instant crime on one occasion during the repeated period, even before the instant crime had already been committed, but was sentenced to a fine, and the circumstances leading up to the Defendant’s life and property, as well as the circumstances leading up to the need to punish the Defendant’s imprisonment with prison labor, as well as the circumstances leading to the Defendant’s life and property.

3. In conclusion, the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

참조조문