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(영문) 창원지방법원 2013.07.25 2013노752
도로교통법위반(음주운전)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. The gist of the grounds for appeal is that the defendant has been punished several times in the past for the same or similar crimes such as the violation of the Road Traffic Act, and that he/she again commits the instant crime even though he/she had been under the suspension of execution, etc., it is unfair that the sentence of the court below (basic million won) imposed by the court below is too uneasible.

2. It is recognized that the circumstances such as the Defendant’s confession of the instant crime and the depth of his mistake are divided.

However, the crime of this case cannot be deemed to be a case where the defendant drives a vehicle without a driver's license while under the influence of 0.109% of alcohol content. The drinking driving is an offense that may cause damage not only to an individual but also to the life and property of another person. It is necessary to strictly eradicate it by reflecting the amendment purpose of the Road Traffic Act. In the past, the defendant has been punished several times (five times a fine) due to the same and similar crimes (such as violation of the Road Traffic Act) and the violation of the Road Traffic Act (hereinafter referred to as the "Act on the Aggravated Punishment, etc. of Specific Crimes"), the violation of the Road Traffic Act (non-licenseless Driving), the violation of the Road Traffic Act (non-licenseless Driving), the crime of aiding and abetting an offender, etc.

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