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(영문) 창원지방법원 2016.04.21 2016노528
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 can take into account the following circumstances: (a) a single studio, a confession of and reflect on the facts constituting an offense; and (b) a person who does not cause any other injury, such as a traffic accident.

On the other hand, the defendant was punished four times in total due to drinking or non-licenseless driving. In particular, even though he was sentenced to 8 months of imprisonment or 2014 due to a non-licenseless driving in 2014, the defendant was sentenced to 8 months of suspended sentence, but he was sentenced to 0.142% of alcohol level during the crime before the suspended sentence, and committed the crime of this case by driving without a drinking alcohol level while driving under high alcohol level of 0.142% during the suspended sentence. Thus, the above suspended sentence 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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