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(영문) 창원지방법원 2016.08.18 2016노1449
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. There are extenuating circumstances, such as the following: (a) a single studio, the confession of and reflect on the facts constituting an offense; (b) a person who does not cause other injury, such as traffic accidents; and (c) a person who has no criminal record.

On the other hand, the defendant was punished five times in total due to driving of drinking or driving without a license. In particular, the defendant was sentenced to six months of imprisonment with prison labor due to driving without a license for drinking in 2015 and was sentenced to two years of suspension, and the crime of driving without a license for drinking in this case has been committed during the suspension period. It is difficult to expect that the defendant was able to repently and not repeat again due to a fine or a suspended sentence such as the previous one, and it is difficult to expect that the defendant was guilty and not guilty.

In addition, in full view of the facts that the court below determined the punishment against the defendant by taking into account all the circumstances, and there is no special change in the trial, and other various circumstances that form the conditions for sentencing as shown in the records and arguments of this case, such as the defendant's age, environment, sexual conduct, motive for the crime, and circumstances before and after the crime, it is not recognized that the sentence of the court below is too unreasonable.

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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