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(영문) 창원지방법원 2017.06.01 2017노124
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (the penalty amounting to five million won) is too unreasonable.

2. The fact that the Defendant recognizes and reflects the criminal facts, the health of the Defendant is not good due to the delay of grade II, and the economic difficulty is not good, and the blood alcohol concentration at the time of the instant case was relatively high by 0.070%, and the fact that the Defendant did not have any criminal record higher than the suspended sentence due to the same kind of crime is favorable to the Defendant.

However, the Defendant repeatedly committed the instant crime even though he had been punished twice due to drinking driving and once without a license, and repeatedly committed the instant crime within the scope of the statutory penalty of the instant case from KRW 5 million to KRW 10 million, which is the statutory penalty of the instant case, and the lower court sentenced to a fine of KRW 5 million, which is the lowest, within the scope of the fine of KRW 5 million, and there are no special circumstances or changes in circumstances that may be newly considered in the first instance trial, and other circumstances that form the conditions for sentencing as specified in the instant records and arguments, such as the Defendant’s age, environment, sex behavior, motive for the commission of the crime, and circumstances before and after the commission of the crime, are comprehensively taken into account. It cannot be deemed that the lower court’s sentence

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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