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(영문) 창원지방법원 2015.11.19 2015노2159
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the lower court (six months of imprisonment) is too unreasonable.

2. The judgment of the Defendant committed the instant crime, which caused physical damage while driving a vehicle not covered by mandatory insurance with no license, after being sentenced to the suspension of the execution of an accident that caused personal injury, for a half year, while driving a vehicle not covered by mandatory insurance with no license during the period of suspension of the execution of the sentence.

At the time, blood alcohol concentration was high 0.163, two times due to drunk driving and four times due to unlicensed driving, and the history of punishment for traffic accidents has been three times.

Although there are favorable circumstances such as the fact that the defendant does not want punishment by mutual consent with the victims and the defendant has divided the wrong facts, it does not seem that the sentence of the court below is too unreasonable.

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

However, in accordance with Article 25 (1) of the Rules on Criminal Procedure, the application of the judgment of the court below shall be corrected as follows:

Application of Statutes

1. Relevant provisions of Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152, Article 43 of the Road Traffic Act, Article 151 of the Road Traffic Act, Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act concerning the crime;

1. Punishment provided for in Articles 40 and 50 of the Commercial Concurrent Crimes (a punishment imposed for a violation of the Road Traffic Act and a violation of the Road Traffic Act (a without a license) and a violation of the Road Traffic Act (a punishment imposed for a violation of the Road Traffic Act with heavier punishment);

1. Selection of a sentence, each of which shall be sentenced to imprisonment with or without prison labor for a violation of the Road Traffic Act, the Guarantee of Automobile Accident Compensation Act, and the Road Traffic Act;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;

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