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(영문) 창원지방법원 2017.10.26 2017노2325
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (eight months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The fact that the accused recognizes and reflects the crime of this case, and that he will not further repeat the crime;

There are favorable circumstances for the defendant, such as the disposal of the vehicle driven at the time of the instant case.

However, the Defendant had been punished three times due to drinking driving, etc. (two times of punishment and one time of punishment), and in particular, on August 10, 2016, the Defendant was sentenced to two years of suspension of execution on August 18, 2016 due to a violation of the Punishment of Violences, etc. Act (joint injury), and the judgment became final and conclusive on August 18, 2016, and was still under suspension of execution, the Defendant committed the instant crime only seven months thereafter, and the Defendant’s blood alcohol level was high at 0.186%; the Defendant’s blood alcohol level was high at 0.186%; the Defendant’s age, environment, sex, motive for the crime, circumstances before and after the crime, contents of the case where suspension of execution is invalidated; and there are no other special circumstances or changes in circumstances to be newly considered in the trial; it cannot be deemed that the lower court’s punishment is too unfair.

3. As such, 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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