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(영문) 창원지방법원 2017.07.13 2017노1086
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (six months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The fact that the Defendant recognized and reflected the instant crime, the alcohol concentration in the Defendant’s blood was not very high by 0.085%, and the distance driven by the Defendant was about 30 meters short, and there was a family member to support the Defendant, and his family members wanting to take the lead of the Defendant, and wanting to take the front line, etc. are favorable to the Defendant.

However, even though the Defendant had been punished five times (four times of punishment, one suspended sentence) due to drinking driving, etc., and committed the same kind of crime. Although the Defendant received KRW 1.5 million due to driving at around 201, the Defendant was last before and after the last day, it is repeated from around 2005 to drive drinking at intervals of time, and thus, it cannot be considered in determining the punishment. There is no special relationship or change in circumstances that may be newly considered in the trial, and there is no change in the conditions of sentencing compared with the original judgment, and if the sentencing of the lower court does not go beyond the reasonable scope of discretion, it is reasonable to respect it (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In full view of various circumstances, such as the Defendant’s age, environment, sex, motive for committing the crime, and circumstances before and after the crime, the lower court’s punishment is 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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