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(영문) 창원지방법원 2016.12.08 2016노2663
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

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

2. The circumstances favorable to the Defendant include the following: (a) the Defendant made a confession of facts constituting a crime and reflects the fact; (b) the commission of a traffic accident by causing a traffic accident; (c) the scrapping of a motor vehicle immediately after each of the crimes in this case; and

However, each of the crimes of this case committed again at around 01:45 on the day of the instant case, the Defendant returned to Korea by a police officer on the same day after driving without a license and driving without a license, and at around 03:00 on the same day, the quality of the crime is inferior. The Defendant’s blood alcohol concentration at the time of the instant crime is considerably high to 0.123% and 0.105%, and the Defendant cannot be deemed to have committed any of the crimes of this case by comprehensively taking into account the following circumstances: (a) the Defendant was sentenced to a fine of two million won due to a drunk driving in 2002; (b) the suspension of sentence of six months due to a drunk driving in 2006 and 2008; and (c) the Defendant was sentenced to a fine of three million won due to a drunk driving in 2015; (d) the Defendant again committed any of the crimes of this case; (c) there was no special change in the trial; and (d) the Defendant’s age, motive, and circumstances before and after the instant crime.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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