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(영문) 창원지방법원 2016.11.03 2016노1445
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable, due to the summary of the grounds for appeal.

2. There are extenuating circumstances, such as the following: (a) a single studio, the fact that the Defendant confessions and reflects the criminal facts; (b) there is no criminal record or penalty; (c) the disposal of the vehicle driven when committing the instant crime to another person; (d) the Defendant’s health and economic conditions are not good; and (e) there are family members to provide support.

On the other hand, when committing the crime of this case, the blood alcohol concentration of the defendant was considerably high 0.138%, the defendant was under the influence of alcohol so that there was sufficient risk of causing serious traffic accidents while driving, the defendant was sentenced to a total of four times due to driving under the influence of alcohol or without a license for driving under the influence of alcohol in 2015, and in particular, the defendant was sentenced to a suspension of the execution of imprisonment for 8 months with prison labor for driving under the influence of alcohol without a license for driving under the influence of alcohol in 2015, and again committed the crime of driving without a license for driving under the influence of alcohol in this case during the period of the suspension of the execution of the execution of the above suspension of the execution of the execution of the punishment for the same fine or the suspension of the execution of the above suspension of the execution of the execution of the punishment for the defendant is not too excessive,

The lower court, including the aforementioned circumstances, determined a punishment by fully taking account of all the circumstances regarding the sentencing of the Defendant and deeming that it is within a reasonable scope, and thus, is not deemed unfair because the lower court’s punishment is too unreasonable.

3. If so, 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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