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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 창원지방법원 2015.01.29 2014노2660
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the following: (a) the gist of the grounds for appeal is the confession and reflect of the defendant; (b) the health status of the defendant is not good; (c) the defendant is at the location to support the wife and the minor; and (d) the defendant is willing not to repeat again; and (c) the punishment sentenced by the court below is too unreasonable.

2. Taking into account the circumstances alleged by the Defendant, even though the Defendant had already been under the influence of driving under influence of alcohol more than twice, the instant crime was deemed to have driven a vehicle without a driver’s license even though the Defendant had been under the influence of driving under the influence of alcohol more than 0.204%, and the Defendant had several records of punishment (one time of imprisonment, one time of suspended sentence of imprisonment, one time of fines, and ten times of fines) due to drinking and driving without a driver’s license in the past. In particular, if the Defendant was sentenced to two years of suspended sentence for eight months or more due to the violation of the Road Traffic Act and the violation of the Road Traffic Act in Changwon District Court (Seoul District Court), and the said judgment became final and conclusive on September 15, 2012, taking into account the circumstances surrounding the instant crime, including the Defendant’s life and the fact that it is difficult to expect that the Defendant would have been subject to a more severe punishment, as well as the circumstances surrounding the instant crime, even if he had been subject to a fine by the above court on May 9, 2013.

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