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(영문) 창원지방법원 2017.04.13 2017노121
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

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

2. There are extenuating circumstances, such as the fact that the Defendant recognizes and reflects the crime, the fact that the Defendant scrapped the ozone part used for the crime in the instant case, the fact that the Defendant’s health is not good, the situation is difficult for the Defendant to conduct cancer operations, and the Defendant is a recipient of basic living.

However, in light of the fact that the Defendant had been sentenced to seven times or more due to drinking or non-licensed driving (six times or more of a punishment, six times of a suspended sentence, or one time of a suspended sentence), and in particular, the Defendant committed the instant crime of the same kind during the suspended sentence after being sentenced to two years of a suspended sentence on July 7, 2015 due to driving under drinking on July 7, 2015.

In full view of such circumstances and other circumstances as the Defendant’s age, environment, sexual conduct, circumstances before and after the commission of the crime, and the circumstances before and after the commission of the crime, it is not determined that the lower court’s punishment is too unreasonable.

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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