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(영문) 창원지방법원 2016.06.23 2016노787
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (six months of imprisonment) is too unreasonable.

2. The judgment of the court below is acknowledged to have led to the confession of the criminal facts and reflect on the criminal facts, but the defendant has been sentenced to a fine of 10 million won in 2005, a fine of 10 million won in 2009, a fine of 2 million won in 2012, a fine of 6 months in 2012, and a fine of 1 and 6 months in 2014. On September 30, 2015, the execution of the above imprisonment again committed the crime in this case at the time when two months have not passed since the date when the defendant was released even after the repeated crime was committed, and there was no special change in the trial, and in full view of various circumstances, such as the defendant's age, environment, sex, motive for the crime, and circumstances before and after the crime, it cannot be deemed that the sentence of the court below is too unfair.

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

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