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(영문) 창원지방법원 2015.09.24 2015노1745
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the lower court (six months of imprisonment) is too unreasonable.

2. The Defendant, including two times of suspended sentence and one sentence, has been punished five times or more due to drunk driving, and in particular, the Defendant was sentenced to imprisonment again during the period of suspended sentence due to drunk driving, and even if he had committed the instant crime again during the period of repeated crime, it is inevitable to sentence the Defendant’s imprisonment.

In addition, the defendant's crime of violating the Road Traffic Act of this case is one year of the lowest statutory penalty (Article 148-2 (1) 1 of the Road Traffic Act), and six months of imprisonment sentenced by the court below by applying discretionary mitigation is the lowest sentence of imprisonment that can be sentenced to the defendant.

Considering these circumstances, the sentencing of the court below is too unreasonable even in consideration of the fact that the defendant's mistake is divided and the defendant's health is not good spouse and the son and the son and the son and the son and the son and the son and the son and the son, who are in a bad condition, should support the son and the son, who

3. In conclusion, the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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