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(영문) 창원지방법원 2016.04.21 2016노509
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (six months of imprisonment) is too unreasonable.

2. We need to take into account the following circumstances: (a) a board-to-door, the Defendant led to a confession of and reflect on the facts constituting an offense; (b) a distance of drinking driving is about 50 meters; and (c) a mother did not cause any other injury, such as traffic accidents; and (d) a mother, who was driven while going out of the country due to her mother’s sick exchange, etc.

On the other hand, the Defendant was punished five times in total on September 8, 2015, and was sentenced to one year of imprisonment and two years of suspended sentence due to drinking driving on September 8, 2015. However, even if the Defendant was sentenced to imprisonment on the one-year basis, and was sentenced to two years of suspended sentence, the Defendant committed the instant crime by driving without a drinking alcohol level of 0.189% during blood alcohol level during the period when the two months elapsed since the date of the sentence, while driving without a drinking alcohol level of 0.189% during the period when the above suspended sentence was committed, and the above suspended sentence has not yet been punished, it is inevitable

The lower court, including the aforementioned circumstances, determined the punishment by fully taking into account the circumstances surrounding the sentencing of the Defendant, and determined it within the reasonable scope.

Since the court below's punishment is too large, so it is not recognized as unfair.

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

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