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(영문) 창원지방법원 2018.10.04 2018노1532
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. Sentencing sentencing on the gist of reasons for appeal

2. The Defendant recognized each of the instant crimes and is in profoundly against the Defendant.

Among the blood of the defendant, the alcohol concentration (0.068%) of the defendant is relatively high.

There is a family to support the defendant, and if the period of detention of the defendant is long, it seems that the living of the above family will be difficult.

The defendant's wife and the workplace rent want to have the defendant's wife.

However, the defendant has a total of six times the records of punishment for the same drinking driving crime, and among them, the records of punishment for suspended sentence of imprisonment have reached three times.

Nevertheless, the defendant has committed a second alcohol driving crime without being aware of it, during the suspension of execution due to the same kind of crime.

In light of the fact that the defendant committed the crime of this case even though he received a severe warning from the court that he would drive drinking, the risk of recidivism of the defendant is very high.

Drinking driving is a very dangerous crime that may cause unexpected conduct to the life and home of others by raising the possibility of traffic accidents, and is bound to bear strict responsibilities for the related acts in order to prevent it.

In full view of the above circumstances, and other conditions of sentencing, including the Defendant’s age, environment, and circumstances before and after the commission of the crime, the lower court appears to have determined the punishment within a reasonable scope, by fully taking account of the circumstances in which the Defendant was able to file an appeal.

B. There are no special circumstances or changes in circumstances to change the sentencing of the lower court after the lower judgment.

The defendant's assertion that the sentencing of the court below is unfair shall not be accepted.

3. The appeal by the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.

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