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(영문) 창원지방법원 2020.12.17 2020노2477
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The punishment of the court below (one year and six months of imprisonment) is too unreasonable.

2. The fact that the judgment of the defendant recognized the error and reflects it, and that the distance of operation is relatively short is favorable to the defendant.

However, the defendant was sentenced to a fine in 2010 due to drinking driving, and was sentenced to a suspended sentence of imprisonment three times in 2010, 2013, and 2017, but again committed a drinking driving again.

As such, in that the same kind of crime is repeated, it seems that there is a lack of compliance spirit and safety awareness about traffic regulations, and drinking driving is a dangerous act that leads to a large accident that leads to another person's life. In light of the fact that drinking driving is a dangerous act that is likely to lead to a serious accident, it is inevitable to strictly punish the accused.

In addition, comprehensively taking account of the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the lower court’s punishment cannot be deemed to be too unreasonable.

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

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