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(영문) 창원지방법원 2018.01.11 2017노3205
도로교통법위반(무면허운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (eight months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The fact that the accused recognizes and reflects each of the crimes of this case, and that he/she will dispose of the vehicles which he/she had driven at the time and will not repeat again;

They are favorable to the defendant.

However, the Defendant has been punished five times due to drinking driving, etc. (4 times of punishment, 4 times of suspended sentence, 1 time of suspended sentence). In particular, on August 21, 2015, the Defendant committed each of the instant crimes even though he/she was sentenced to one year of suspended sentence on the grounds of drinking driving, etc. on August 21, 2015 and was under suspended sentence, and the Defendant was indicted on March 28, 2017 and was pending trial, but he/she was still under indictment, but he/she was driving without a license for drinking or non-license; the Defendant’s blood alcohol concentration at the time of driving was very high by 0.251%; the Defendant’s blood alcohol concentration at the time of the road was caused by an accident shocking the road; there was no special relationship or change of circumstances that may be newly considered in the trial; the Defendant’s age, environment, sex, motive for committing the instant crime, and circumstances before and after committing the crime, and thus, it cannot be deemed unfair.

3. As such, 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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