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(영문) 창원지방법원 2016.09.22 2016노1929
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

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

2. The defendant's confession of facts constituting a crime and reflects the fact, and the fact that the defendant's occurrence of a traffic accident not by causing a traffic accident is favorable to the defendant.

However, at the time of the instant crime, the Defendant committed the instant crime on December 22, 201, with a significant alcohol level of 0.096%, and the Defendant was sentenced to a fine of 200,000 won in 2011 due to driving without a license for alcohol and without a license for driving alcohol and a fine of 4 million won in 201, and a fine of 2 million won in 2013, 2013, and a fine of 5 million won in 2015 due to driving without a license for driving under the influence of alcohol and without a license for driving under the influence of alcohol and without a license for driving without license. In addition, the lower court cannot be deemed to have committed the instant crime again despite the completion of the execution of the instant imprisonment on December 22, 2013, without any special change in the trial, and even if the Defendant committed the instant crime during the period of repeated crime, taking account of the various circumstances that constitute the conditions for sentencing as well as the records and arguments of the instant crime.

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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