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(영문) 창원지방법원 2013.03.28 2013노202

도로교통법위반(음주운전)등

Text

The defendant's appeal is dismissed.

Reasons

1. In light of the fact that the defendant is scheduled to marry in the spring of the gist of the grounds for appeal, the defendant is driving for business purposes in an area where public transportation is not frequent, and the defendant does not repeat a crime, the punishment imposed by the court below (six months of imprisonment) is too unreasonable.

2. Taking into account the circumstances alleged by the Defendant, even if the crime of this case was committed on May 22, 2010, when the execution of the sentence was completed, the Defendant was sentenced to four months of imprisonment for violating the Road Traffic Act at the time of the instant crime, while the Defendant was under the influence of alcohol 0.087%, and the case cannot be deemed to be less than that of driving a motorcycle without a motorcycle driver's license. The drinking driving of this case is an offense that may threaten another person's life and body as well as the offender, and requires a strict punishment. The Defendant was sentenced to four months of imprisonment for violating the Road Traffic Act at the Changwon District Court through the Changwon District Court on March 19, 2010, and was under the period of repeated crime at the time of the instant crime. The Defendant was under the period of repeated crime at the time of the instant crime, including a violation of the Road Traffic Act (two times of imprisonment, suspension of the execution of imprisonment, one time of imprisonment, and five times of imprisonment), and the circumstances and circumstances of the Defendant's present circumstances after the instant crime.

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

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