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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 창원지방법원 2020.09.24 2020노983
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) by the lower court is too unreasonable.

2. The judgment appears to have led the Defendant to commit the instant crime, and the Defendant’s family members appear to have repented in depth of his mistake, and the Defendant’s family members want to have the Defendant’s wife, etc. are the factors for sentencing favorable to the Defendant.

However, the defendant has been subject to punishment three times due to drinking driving, and he was subject to suspended sentence two times among them.

The Defendant committed the instant crime without being subject to suspended execution due to the instant crime.

The Defendant was driven under the influence of alcohol concentration of 0.087%, while driving, and caused a large risk on the road by diving on the two-lane road while driving.

The lower court appears to have determined the punishment within the reasonable scope of discretion by fully taking into account various favorable or unfavorable circumstances to the Defendant, including the aforementioned circumstances, and there is no special change in circumstances that may change the sentencing after the lower judgment.

In addition, examining the defendant's age, character and conduct, environment, circumstances after the crime, circumstances after the crime, and criminal records, various sentencing conditions shown in the records and arguments of this case, it does not seem that the sentence of the court below against the defendant is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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