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(영문) 창원지방법원 2017.10.26 2017노2402
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

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

2. However, the fact that the defendant recognizes and reflects the crime of this case, and that the defendant supports a troke for the defendant who is not healthy due to pre-feasible cancer is favorable to the defendant.

However, at the time of the instant crime, the Defendant’s blood alcohol concentration was very high at 0.223%, and there was an accident at the time, and the Defendant was punished twice due to drinking driving (a fine). In particular, the Defendant was sentenced to imprisonment on September 6, 2016 and was sentenced to two years of suspension of execution on September 14, 2016, and the judgment became final and conclusive and conclusive, and is still under suspension of execution. However, the Defendant committed the instant crime on December 29, 2016, where four months have not yet elapsed, without being informed of the fact that the Defendant committed the instant crime on December 29, 201, while the criminal punishment procedure was in progress, and there was no special relation or change of circumstances to be newly considered in the first instance trial, and there is no other special circumstance or circumstances to be newly considered, and the Defendant’s age, environment, sex, motive for the instant crime, and circumstances before and after the instant crime, it cannot be deemed that the lower court’s punishment is unreasonable.

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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