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(영문) 창원지방법원 2016.09.22 2016노1369
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below rendered against the defendant is too unreasonable (the first offense: imprisonment with prison labor for 8 months, and the second offense in the ruling: fine of 1.5 million won).

2. The fact that the judgment defendant led to confession of criminal facts and reflects on the criminal facts, and that each of the crimes of this case by causing a traffic accident is not regulated, is favorable to the defendant.

However, at the time of the crime of drinking and non-licensed driving under paragraph (1) of the judgment of the court below, the blood alcohol level of the defendant is high to 0.117% at the time of the crime of drinking and non-licensed driving under paragraph (1) of the judgment of the court below, the defendant committed a crime under paragraph (1) of the judgment of the court below while being tried for the crime of drinking and non-licensed driving under paragraph (1) of the same Article, and the defendant was sentenced to a fine of 5 million won due to a non-licensed driving in 2005, a fine of 2012, a fine of 1.5 million won due to a non-licensed driving in 2015, a fine of 1.5 million won due to a non-licensed driving under paragraph (2) of the judgment of the court below, and the defendant committed a crime under paragraph (1) of the same Article after being sentenced to a suspended sentence for 2 years of imprisonment with prison labor and the judgment of the court below became final and conclusive, and the defendant committed a new crime in spite of this case's age changes.

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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