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(영문) 창원지방법원 2020.09.10 2020노1480
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) imposed by the lower court is too unreasonable.

2. Determination that the Defendant’s crime of this case did not lead to traffic accidents, and that the Defendant’s criminal act of this case is seriously against the Defendant, etc. may be considered as favorable circumstances to the Defendant.

However, although the defendant had been punished for drinking driving six times or more (three times of fine, two times of suspended execution, and one time of suspended sentence), he again committed the crime in this case.

At the time of the instant crime, the blood alcohol concentration level is also high.

As above, the lower court appears to have determined the punishment within the reasonable scope of discretion by fully taking into account the favorable or unfavorable circumstances to the Defendant, and there is no special change in circumstances that could change the sentencing after the lower judgment.

In addition, examining the defendant's age, character and conduct, environment, circumstances after the crime, circumstances after the crime, and criminal records, various sentencing conditions shown in the records and arguments of this case, it does not seem that the sentence of the court below against the defendant is too unreasonable.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit. It is so decided as per Disposition.

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