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(영문) 창원지방법원 2014.08.28 2014노1260

도로교통법위반(음주운전)등

Text

The defendant's appeal is dismissed.

Reasons

1. In light of the following: (a) the gist of the grounds for appeal is confessions and reflects by the Defendant; (b) the Defendant is in a position to support the minor children attending the sick wife and the high school; and (c) there is a concern to see enormous damages due to the detention of the Defendant, etc., the sentence imposed by the lower court is too unreasonable.

2. Taking into account the circumstances alleged by the Defendant, even though the instant crime was committed under the influence of alcohol 0.163% without a motorcycle driver’s license, the instant crime was committed by the Defendant while under the influence of alcohol 0.163%, and the relevant case is not somewhat weak, and the Defendant has been punished twice in the past due to drinking, driving, driving without license, etc. (one time a fine and one time a suspended sentence of imprisonment). In particular, on July 26, 2012, the Defendant was sentenced two years to a suspended sentence of eight months on August 3, 2012 due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused by Dangerous Driving) and the Road Traffic Act violation in the Changwon District Court Support on July 26, 2012, and during the suspended sentence period, the Defendant’s allegation that the Defendant’s punishment was unreasonable. In full view of all the circumstances, such as the Defendant’s character, behavior and environment, the background and result of the instant crime, and circumstances after the crime, etc.

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