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(영문) 창원지방법원 2013.09.10 2013노1269

도로교통법위반(음주운전)

Text

The defendant's appeal is dismissed.

Reasons

1. In light of the fact that the defendant's summary of the grounds for appeal is not healthy due to the disability of grade 3 due to delay disability, and is old, the defendant does not drive again, and the defendant is led to confession and reflect, etc., the punishment (six months of imprisonment) imposed by the court below is too unreasonable.

2. Taking into account the circumstances alleged by the defendant, the crime of this case is deemed to have driven a motorcycle while under the influence of alcohol 0.171% even though the defendant had already driven two or more times, and the case is not easy, and driving under the influence of alcohol is an offence which may threaten another person's life and body as well as himself/herself, and requires strict punishment in accordance with the purport of the amended Road Traffic Act. The defendant has past records of the crime of violation of the Road Traffic Act and the violation of the Road Traffic Act (one-time imprisonment, two-time suspension of execution of imprisonment, and seven-time fines), and the defendant appears to have been subject to punishment for the above crimes of this case on July 16, 2010, in light of the records of the crime of this case and the fact that it is difficult for him/her to sentence for the period of suspension of execution after being sentenced to imprisonment with prison labor for 2 months or more, and the above punishment for each of the above crimes of this case on December 8, 2010, and one of the above crimes of probation period of 31.

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