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(영문) 창원지방법원 2017.11.02 2017노2556
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. In light of the following circumstances: (a) the Defendant recognized and reflected the instant crime; (b) the Defendant’s blood alcohol concentration was not very high by 0.106%; and (c) the Defendant’s family and branch members wished to take the Defendant’s guidance up to the trial; (b) the Defendant has been punished seven times due to drinking or driving without a license (4 times a punishment, 3 times a suspended sentence); and (c) in particular, the Defendant was sentenced to imprisonment for six months with prison labor for driving on April 29, 2014, two years a suspended sentence of six months; and (d) on May 17, 2016, the Defendant was sentenced to imprisonment with prison labor for six months and one year a suspended sentence of six months with prison labor for driving on May 17, 2016; and (e) the Defendant committed the instant instant crime under the same type of punishment.

In full view of such circumstances and the fact that there is no special relationship or change of circumstances that can be newly considered in the trial, and other various circumstances that form the conditions for sentencing as shown in the records and arguments of this case, including the Defendant’s age, environment, sex, motive for committing a crime, and the circumstances before and after committing a crime, it cannot be deemed that the sentence of the lower court is too unreasonable.

3. As such, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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