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(영문) 창원지방법원 2013.09.26 2013노1314
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the fact that the defendant confessions and reflects the gist of the grounds for appeal, and that the defendant has contributed to the community, the punishment of imprisonment (six months of imprisonment) imposed by the court below is too unreasonable.

2. Taking into account the circumstances alleged by the Defendant, each of the instant crimes is deemed to drive a motor vehicle under the influence of alcohol by 0.145% without a motor vehicle driver's license despite the fact that the Defendant had already driven two or more times, and the case is not less than that of the motor vehicle under the influence of alcohol without a driver's license. In addition, there is a need to strictly punish the motor vehicle according to the purport of the amended Road Traffic Act as well as the crime that may threaten another person's life and body. In the past, the Defendant has been punished several times (three times of a fine) due to a violation of the Road Traffic Act (recognition of drinking measurement), a violation of the Road Traffic Act (recognition), a violation of the Road Traffic Act (recognition without a driver's license), a violation of the Road Traffic Act (recognition) and a violation of the Road Traffic Act (recognition without a license) by taking into account the following circumstances: (i) the Defendant's imprisonment with prison labor for six months and one-one-one-one-one-one-half-one-one-one-half-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one criminal act.

3. In conclusion, the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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