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(영문) 창원지방법원 2021.03.26 2020노2962
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (one year of imprisonment) is too unreasonable as to the gist of the grounds for appeal.

2. The Defendant, who recognized the instant crime, runs against the Defendant.

It seems that there are children to be supported by the defendant and health conditions are not good.

However, even though the Defendant had already been punished four times due to drinking driving, the Defendant again committed the crime of driving under drinking and driving without a license.

Furthermore, the Defendant was under suspension of execution due to drinking driving at the time of the instant crime.

At the time of the instant crime, the Defendant’s blood alcohol concentration reaches 0.095%.

There is a new reason to change the punishment of the lower court in the first instance court.

In light of all circumstances, including the above circumstances, such as the Defendant’s age, sex, environment, and motive for committing the crime, the sentence imposed by the lower court appears to be within the appropriate range of sentence corresponding to the Defendant’s liability, and it cannot be deemed unfair because the sentence is too unreasonable.

Therefore, the defendant's assertion is not accepted.

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

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