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(영문) 창원지방법원 2021.01.21 2020노2776
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal (one year of imprisonment) by the lower court is too unreasonable.

2. The fact that the defendant recognized the crime and reflected the mistake is favorable to the defendant.

However, the Defendant had a record of being punished several times due to drinking driving, and in particular, even if he was sentenced to a suspended sentence of imprisonment in 2015 and 2019, he committed the instant crime during the suspended sentence due to drinking driving, even though he was sentenced to a suspended sentence of imprisonment.

The defendant's blood alcohol concentration is very high, and the driving distance is also reasonable.

In addition, comprehensively taking account of the defendant's age, sex, environment, motive and background of the crime, means and consequence of the crime, the circumstances after the crime, etc., the sentence of the court below is too unreasonable.

3. The defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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