beta
(영문) 창원지방법원 2016.03.31 2016노195

도로교통법위반(음주운전)등

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. The judgment is favorable to the defendant that the defendant led to the confession of facts constituting the crime, and disposes of the vehicle owned by the defendant after the crime of this case.

However, the defendant has been punished for the same crime several times, and in particular, even though he was sentenced to the suspended sentence for the same crime and a different kind of crime, he again committed the crime in this case even though he was under the suspended sentence, and the suspended sentence has not yet been imposed. The defendant's blood alcohol concentration at the time of the crime in this case is highly high to 0.213%, and the crime in this case causes an accident that shocks the rail installed in the Lestop stairs due to the crime in this case, there is no special change in the trial, and there is no other circumstances that are the conditions for sentencing as shown in the records and arguments of this case, such as the defendant's age, environment, sex behavior, motive for the crime in this case, circumstances before and after the crime in this case, it cannot be deemed that the sentence in the court below is unfair because it is too excessive.

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