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(영문) 창원지방법원 2016.11.17 2016노2433
도로교통법위반(음주운전)
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 defendant's confession of facts constituting a crime and reflects the fact, the fact that the defendant's occurrence of a traffic accident is not crackdown, and the fact that he is a person with a disability of grade II is favorable to the defendant.

However, the Defendant’s blood alcohol level at the time of the instant drinking driving is high 0.143%; the Defendant was sentenced to a fine of KRW 700,000 due to a drunk driving in 2004, KRW 700,000 due to a fine of KRW 700,000 due to a drunk driving in 209, KRW 250,000 due to a non-exclusive driving in 201, KRW 2 years of suspension of the execution of imprisonment for six months, 2 years of a non-exclusive driving in 2013, and 6 months of imprisonment for a non-exclusive driving in 2013. On July 30, 2013, the Defendant again committed the instant crime despite the completion of the execution of the said imprisonment on July 30, 2013, without any special change in the trial; and the Defendant’s age, environment, character and conduct, motive of the instant crime, circumstances before and after the instant crime, etc., and thus, it cannot be deemed unreasonable.

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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