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(영문) 창원지방법원 2016.06.02 2016노512
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (one hundred months of imprisonment) is too unreasonable.

2. The judgment of the court below is based on the following facts: (a) the defendant led to the confession of the crime and reflects on the fact at the time of driving the drinking of this case; (b) although it is recognized that the alcohol level at the time of driving the drinking of this case was not high by 0.063%, the defendant was sentenced to a fine of 4.5 million won due to driving the drinking of 2008, and a fine of 4.5 million won due to the drinking of 2008; (c) seven months of imprisonment (the case under four times due to driving the drinking or without a license) and six months of imprisonment with prison labor due to driving the drinking of 2014; and (d) on April 14, 2014, the execution of the above imprisonment with prison labor again committed the crime of this case despite a repeated crime during the period; and (d) there were no special circumstances changed in the trial; (d) the defendant's age, environment, sex, motive for the crime, and circumstances before and after the crime.

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.

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