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(영문) 창원지방법원 2015.07.09 2015노1020
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the lower court (eight months of imprisonment) is too unreasonable.

2. The judgment of the defendant is recognized that the defendant has divided the error in depth and scrapped the vehicle that he operated, and the damage of the traffic accident is relatively minor and that the defendant has agreed with the victim.

However, despite the fact that the Defendant had been punished four times or more due to his refusal to drive alcohol or to take measurements of alcohol, the Defendant was driving without the license of this case and caused physical damage due to the accident, and the blood alcohol concentration level was 0.14%.

Furthermore, after having paid the accident, the victim's side of the accident has escaped despite the restraint of the victim's side, resulting in a specific danger of traffic.

Furthermore, the crime of this case committed during the period of repeated crime, in which the defendant was sentenced to imprisonment and completed the execution of imprisonment.

Considering such unfavorable circumstances as the Defendant’s age, character and conduct, environment, circumstances, and result of the crime, etc., the sentence of the lower court cannot be deemed unfair because its sentence is too unreasonable.

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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