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(영문) 창원지방법원 2020.12.10 2020노1805
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

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

2. The following can be considered as circumstances favorable to the Defendant: (a) the Defendant’s instant crime did not lead to a traffic accident; (b) the Defendant’s serious reflection on the instant crime; and (c) the Defendant’s mother is obliged to support the Defendant’s mother.

However, even though there was a record of punishment for drinking driving six times or more (five times a fine, one time a suspended sentence), the Defendant again committed the instant crime.

At the time of the instant crime, the blood alcohol concentration level is also high.

As above, the lower court appears to have determined the punishment within the reasonable scope of discretion by fully taking into account the favorable or unfavorable circumstances to the Defendant, and there is no special change in circumstances that could 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. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit. It is so decided as per Disposition.

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