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(영문) 창원지방법원 2013.08.22 2013노1081
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the fact that the defendant confessions and reflects the gist of the grounds for appeal, and that the defendant is in the position to support his/her family, the punishment imposed by the court below (eight months of imprisonment) is too unreasonable.

2. Taking into account the circumstances alleged by the Defendant, each of the crimes of this case is deemed to have driven a motor vehicle under the influence of alcohol by 0.143% without a driver's license, and the case is not easy, and driving under the influence of alcohol is an offence which may threaten another person's life and body as well as it requires a strict punishment in accordance with the purport of the amended Road Traffic Act. The Defendant has past history of having been punished several times (one-time imprisonment, one-time imprisonment, one-time suspension of execution of imprisonment, six times fines) due to a violation of the Road Traffic Act, a violation of the Road Traffic Act (one-time imprisonment), a violation of the Road Traffic Act (one-time driving), and a violation of the Road Traffic Act (one-time driver's licenseless driving) at the Busan District Court's Dong Branch on November 11, 2009; the Defendant did not appear to have been sentenced to imprisonment with prison labor for a repeated offense on May 16, 2010 and the Defendant did not appear to have been sentenced to a fine by the Busan District Court prior to trial and other circumstances.

3. In conclusion, the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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