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(영문) 창원지방법원 2016.08.11 2016노1367
도로교통법위반(음주운전)
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-samper, the fact that the Defendant led to the confession and reflect of the facts of the offense; (b) the fact that there is no criminal record or penalty; and (c) the fact that the Defendant and his family’s health conditions are not good.

On the other hand, the Defendant was punished six times in total due to drinking driving, and in particular, the Defendant was sentenced to two years of suspended sentence in June of 208 and two years of suspended sentence in June of 201 due to driving without a license for drinking, and the Defendant committed the instant drinking driving under the state of high alcohol concentration of 0.110% during a large period of time, and thus, the Defendant committed the instant drinking driving under the state of high alcohol concentration of 0.110% due to a punishment for a fine or a suspended sentence such as the previous one, it is difficult to expect the Defendant to repent the wrong and not repeat the same. Therefore, it is inevitable to pronounce strict sentence against the Defendant

In addition, considering the overall circumstances, the lower court’s punishment against the Defendant is deemed to have been determined by taking into account various circumstances, including the Defendant’s age, environment, sexual conduct, motive for committing a crime, and circumstances before and after committing a crime, the lower court’s punishment is not deemed to be unfair because it is too unreasonable for the lower court to have imposed punishment.

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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