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(영문) 창원지방법원 2013.08.29 2013노852
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the fact that there is no particular income from the defendant in the summary of the grounds for appeal, it is economically difficult for the defendant to go through personal rehabilitation, and that the distance of the defendant's driving is less than 100 meters, the punishment imposed by the court below (1.5 million won of fine) is too unreasonable.

2. Taking into account the economic circumstances alleged by the Defendant, the instant crime is deemed to operate a motor vehicle at a distance of not less than 600 meters from a restaurant near the Yanpo-dong, Changwon-dong, Changwon-si to the upper southnam Elementary School located in Changwon-dong, Changwon-si, and the case is not less than easy, and the drinking driving is a crime that may threaten another person's life and body as well as himself and it is necessary to strictly punish the Defendant in accordance with the purport of the amended Road Traffic Act. The Defendant has been punished several times in the past (one suspended sentence of imprisonment, three times) due to the violation of the Road Traffic Act (one time of suspended sentence), the character and character and environment of the Defendant, the background and result of the instant crime, the circumstances after the instant crime, etc., and the circumstances after the crime, etc., and there is no reason to believe that the above Defendant's punishment is unfair.

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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