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(영문) 창원지방법원 2016.10.13 2016노1875
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. A reasonable circumstance is that such factors as the Defendant’s blood alcohol level was not high by 0.062% at the time of the instant case, the distance of drinking driving is about 30 meters, the traffic accident, etc. does not cause any other damage, and the fact that there is no criminal record, etc. are considered.

On the other hand, the crime of this case was committed when the defendant driven a vehicle to his life group without a driver's license while driving the vehicle at such group, and the quality of the crime is not good, and the defendant was punished four times in total due to driving or driving without a driver's license. In particular, the defendant was sentenced to a three-time fine due to a driver's license for drinking without a driver's license in 2014 and was sentenced to a two-year suspended sentence in 2014, and committed the crime of driving without a driver's license for drinking without a driver's license in this case even while he was sentenced to a two-year suspended sentence during the suspended sentence (However, the current suspended sentence was too excessive), in light of the fact that the defendant committed the crime of driving with a driver's license for drinking without a driver's license for driving without a driver's license for driving without a driver's license for the same time as

In addition, considering the overall circumstances, the lower court is deemed to have determined the sentence against the Defendant by taking into account the Defendant’s age, environment, character and conduct, motive of the crime, and circumstances before and after the crime, and considering the various circumstances, which are the conditions of sentencing as shown in the records and pleadings of this case, it is not recognized that 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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