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(영문) 창원지방법원 2016.05.26 2016노173
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; (b) the Defendant led to a confession of and reflect on the facts constituting an offense; (c) the distance of drinking driving is about 300 meters and does not cause any other damage, such as traffic accidents; and (d) the Defendant disposed of the vehicle driven at the time of the instant crime and registered the export cancellation thereof.

On the other hand, the defendant was punished six times in total as a traffic crime. In addition to the punishment of a fine of two million won in 2002 due to drinking driving, a fine of one million won in 2008, a fine of four million won in 2010, a fine of eight months in 2014 due to a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and a Drinking, etc., and a suspended sentence of two years in 2014, the defendant committed the crime in this case under the condition that he was sentenced to imprisonment with prison labor for the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents and a suspended sentence of two years in 2014, and he again committed the crime in this case under the condition that he was under the high alcohol level of 0.126% in blood alcohol level before the suspended sentence was imposed, it is difficult to expect that the defendant was divided by mistake

In addition, considering the overall circumstances, the lower court’s punishment against the Defendant is deemed to have been determined by taking into account various circumstances, including the Defendant’s age, environment, sexual conduct, motive for committing a crime, and circumstances before and after committing a crime, the lower court’s punishment is not deemed to be unfair because it is too unreasonable for the lower court to have imposed punishment.

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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