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(영문) 창원지방법원 2016.08.18 2016노1524
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (eight months of imprisonment) is too unreasonable.

2. The judgment that the defendant led to confession of the crime and reflects the fact of the crime, and that the vehicle operated at the time of the crime of this case was scrapped is favorable to the defendant.

However, at the time of the instant crime, the Defendant committed the instant crime with a very high alcohol level of 0.092% at the time of the Defendant’s blood alcohol level, the Defendant was sentenced to a fine of 50,000 won for driving without a license in 2004, a fine of 300,000 won for driving without a license in 2008, a fine of 300,000 won for driving without a license in 2014, a fine of 300,000 won for driving without a license in 2016, and a fine of 2 years for a suspended sentence of 8 months for driving without a license in 2016, and again committed the instant crime despite the fact that the period of the instant imprisonment was still under the suspension of the execution of the said imprisonment, and the Defendant appears to have repeated driving without a license even though there is no intention to obtain a driver’s license, and the Defendant appears to have been too unfair in view of various circumstances that the Defendant’s age, environment, sex, motive of crime, and circumstances before and arguments.

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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