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(영문) 창원지방법원 2014.10.30 2014노1562
도로교통법위반(음주운전)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. The summary of the grounds for appeal (two years of suspended sentence for one year of imprisonment, two years of probation, one hundred and sixty hours of community service order, and forty hours of order to attend a law-abiding driving lecture) that the court below sentenced is too uncomfortable and unfair.

2. It is recognized that the circumstances such as the Defendant’s confession of the instant crime and the depth of his mistake are divided.

However, the crime of this case is deemed to have driven a vehicle without a driver's license even though the defendant had a history of driving under the influence of alcohol by 0.125% or more, and the case cannot be deemed to be light. The drinking driving is a crime that may cause damage not only to an individual but also to the life and property of any other large person and needs to be strictly eradicated by reflecting the revision of the Road Traffic Act. The defendant has been punished several times for the same and similar crimes such as violation of the Road Traffic Act (one time of suspended sentence of imprisonment, three times of a fine) and the violation of the Road Traffic Act (one time of suspended sentence of imprisonment), and in particular, the defendant has been sentenced to a suspended sentence of 0.1 billion won on November 23, 201 (the death or injury of a dangerous driving), and the violation of the Road Traffic Act (the act of driving without a license) on December 1, 2011, and the above judgment became final and conclusive on December 1, 2011.

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