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(영문) 창원지방법원 2016.08.11 2016노1204
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. The judgment of the defendant led to the confession of a crime and reflects on the fact that the defendant disposes of the vehicle after the crime of this case and does not repeat the crime. The alcohol concentration in the blood was relatively high by 0.067% at the time of the crime of this case, and the fact that it was not controlled by causing a traffic accident is favorable to the defendant.

However, the Defendant was sentenced to a fine of KRW 3 million for driving without a license in 2010, and a fine of KRW 2 million for driving without a license in 2015 for the same kind of crime other than that sentenced to a two-year imprisonment with prison labor for six months. Despite the fact that the above imprisonment with prison labor for the same kind of crime was under suspension, the Defendant committed the instant crime again despite the fact that the period of probation has not yet been imposed, there is no special change in the trial, and there are no other various circumstances that are the conditions for sentencing as shown in the instant records and arguments, such as the Defendant’s age, environment, sex behavior, motive for committing the crime, and circumstances before and after the crime, it cannot be deemed that the lower court’s punishment is too unreasonable.

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

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