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(영문) 창원지방법원 2017.02.16 2016노3004
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

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

2. We can take into account the following circumstances: (a) the Defendant made a confession of and reflect against a criminal fact; (b) the Defendant’s blood alcohol concentration at the time of the instant case was lower than 0.061%; and (c) the Defendant did not cause other damage, such as a traffic accident at the time of the instant case.

On the other hand, in light of the fact that the Defendant was punished four times in total due to driving of alcohol or driving without a license, etc., and in particular, the Defendant was sentenced to one year of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (i.e., driving without a license for alcohol in 2011 and a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (i.e., an escapeing vehicle), etc. in 2013, and thus, was sentenced to one year of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (i.e., an escape vehicle). Nevertheless

In addition, considering the overall circumstances, the lower court’s punishment against the Defendant is deemed to have been determined by taking into account various circumstances, including the Defendant’s age, environment, sexual conduct, motive for committing a crime, and circumstances before and after committing a crime, the lower court’s punishment is not deemed to be unfair because it is too unreasonable for the lower court to have imposed punishment.

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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