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(영문) 창원지방법원 2017.08.24 2017노929

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 (1.5 million won in penalty) is too unreasonable.

2. The fact that the Defendant recognized and reflected the instant crime, and that the Defendant was punished for drinking while he was relatively old, is the first instance of the instant case, and that the Defendant’s blood alcohol concentration was relatively low by 0.066%, etc., which are favorable to the Defendant.

However, drinking driving is likely to be subject to a dangerous act that may result in a large number of unspecified people'sless life, regardless of the high degree of alcohol concentration in blood, and regardless of low degree of alcohol concentration, and that the distance driven by the defendant was about 12 km, and even if the defendant lacks economic ability to pay a fine, it can be replaced by community service at the defendant's request in the event of a fine not exceeding 3 million won, and can be paid in installments in light of the defendant's circumstances, there is no special relationship or change of circumstances that may be newly considered in the trial, and other circumstances that form the conditions for sentencing as shown in the records and arguments of this case, such as the defendant's age, environment, sexual conduct, motive for the crime, circumstances before and after the crime, etc., it cannot be deemed that the sentence of the court below set within the scope of a fine not exceeding 3 million won, which is a statutory penalty, is unfair because it is too unreasonable.

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.