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(영문) 창원지방법원 2014.05.22 2014노174
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the fact that the gist of the grounds for appeal is confessions and reflects by the defendant, the driving distance of the defendant is short, and the economic situation of the defendant is not good, the punishment imposed by the court below (three million won of fine) is too unreasonable.

2. Taking into account the circumstances alleged by the Defendant, the instant crime is deemed to have driven the 110cc exhaust displacement while under the influence of alcohol content 0.176%, and its driving level is not weak. The drinking driving is an offense that may cause damage not only to individuals but also other unspecified life and property, and requires strict punishment in light of the purpose of the Road Traffic Act. The lower court, taking into account the favorable circumstances of the Defendant, imposed the maximum fine, taking into account the circumstances favorable to the Defendant, including the character, conduct and environment of the Defendant, the background and consequence of the instant crime, the circumstances after the instant crime, etc., and all the circumstances that are conditions for sentencing as shown in the records and arguments, and thus, it cannot be deemed that the sentence imposed by the lower court is unreasonable. Thus, the Defendant’s above assertion is without merit.

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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