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(영문) 창원지방법원 2016.09.08 2016노1807
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable, due to the summary of the grounds for appeal.

2. The judgment that the defendant led to confession of criminal facts and reflects the criminal facts, that the blood alcohol concentration of the defendant at the time of the crime of this case is not very high to 0.079%, and that it is not controlled by causing a traffic accident is the circumstances favorable to the defendant.

However, the Defendant was sentenced to a fine of KRW 2.5 million for a drunk driving in 201, a fine of KRW 4 million for a drunk driving in 2014, a fine of KRW 2.5 million for a non-exclusive driving in 2015, and a fine of KRW 2.6 years for a non-exclusive driving in 2015 for the same kind of crime, which was sentenced to the suspension of the execution of imprisonment for 6 months, and the Defendant again committed the instant crime despite the existence of the suspension of the execution of the same crime. There is no special change in the trial, and there is no other circumstance that the probation is not yet subject to the suspension of the execution, and it cannot be said that the lower court’s sentence is too unreasonable in full view of all the various circumstances that are the conditions for sentencing as shown in the instant records and arguments, including the Defendant’s age, environment, character

3. In conclusion, the defendant's appeal 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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