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(영문) 창원지방법원 2014.01.16 2013노1545
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (4 million won of fine) is too unreasonable.

2. Although it is recognized that the defendant's time to commit the crime of this case and reflects the mistake, the defendant is subject to a fine for the same kind of crime, has the history of being sentenced to suspension of execution, driving under the purpose of the amended Road Traffic Act, which may cause damage to the life and body of others as well as himself/herself, and requires a strict punishment in accordance with the purport of the amended Road Traffic Act. In light of the above records of the defendant, it is difficult to expect the effect of the prevention of drunk driving to the defendant any longer by the repeated punishment alone, and taking into account all the sentencing conditions shown in the records and arguments of this case, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime of this case, and circumstances after the crime, the sentence imposed by the court below is judged to be appropriate, and it is not recognized that the sentence imposed by the defendant is too unreasonable. Thus, the defendant

3. In conclusion, the defendant's appeal of this case is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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