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(영문) 창원지방법원 2017.02.09 2016노3414
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 reasoning of the judgment is that the Defendant led to confession of criminal facts and reflects on the Defendant’s blood content at the time of the instant crime, and that the Defendant’s blood alcohol concentration at 0.051% was not high, that was not caused by traffic accidents, and that there was no record of punishment by sentence is favorable to the Defendant.

However, on February 16, 2016, the Defendant had been sentenced to a two-year imprisonment for driving under the influence of alcohol on the part of the Defendant, who was sentenced to a two-year imprisonment for driving under the influence of alcohol on the part of the Defendant, and sentenced to a fine two-time and four-time fine for driving under the influence of alcohol without a license. All these were repeated crimes from 2013 to 2016, which had been committed in a short interval of three years; again, the Defendant committed the instant crime during the period of the said suspension of execution; the Defendant had not yet been subject to the suspension of execution; the Defendant had not yet been subject to the suspension of execution; there was no special change in the trial; and other various circumstances, including the Defendant’s age, environment, sex behavior, motive for the commission of the crime, and circumstances before and after the crime, etc., it cannot be deemed that the lower court’s excessive punishment is unfair due to its lack of sentencing.

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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