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(영문) 창원지방법원 2013.09.26 2013노1091
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the following: (a) it is difficult to cope with a large amount of fine due to the economic situation of the defendant due to the reason for appeal; (b) when the defendant was detained in a workhouse because of his/her failure to pay a fine, the defendant is aged and is unable to cope with his/her old calendar because of his/her high blood pressure, etc.; and (c) he/she disposes of the vehicle driven by the defendant in another way, the punishment imposed by the court below is too unreasonable.

2. Taking into account the circumstances alleged by the Defendant, even if there were three times of fines due to the violation of the Road Traffic Act, and once again repeated driving of the instant case despite the previous penal power, and in light of the Defendant’s criminal history, it seems difficult to expect the Defendant to have the effect of preventing drunk driving. In full view of all the circumstances, such as the Defendant’s character, conduct and environment, the background and result of the instant crime, and the circumstances after the instant crime, etc., which are the conditions for sentencing as shown in the records and arguments, the lower court’s sentence cannot be deemed unfair. Therefore, the Defendant’s above assertion is without merit.

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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