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(영문) 창원지방법원 2016.12.15 2016노2684
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal is too unreasonable.

2. The fact that the judgment of the defendant led to the confession of criminal facts and reflects on the criminal facts, the fact that the defendant did not cause a traffic accident at the time of each crime of this case and that he disposed of the vehicle of this case, is favorable to

However, even when the blood alcohol level of the defendant was significantly high at 0.115% at the time of the crime of driving without a license, which was committed after about 4 months, even when the blood alcohol level (0.042%) did not exceed the punishment standard numerical value at the time of the crime of driving without a license, the defendant was driving with drinking while drinking, and the defendant was sentenced to a fine of 2 million won due to a drunk driving in 2007, a fine of 3 million won due to a drunk driving in 2012, a fine of 3 million won due to a drunk driving in 2012, and a fine of 2 years due to a refusal to take a alcohol level in 2014, despite the fact that he again committed each of the crimes of this case during the above suspension period, there was no special change in the trial, and the defendant's age, environment, character and behavior, motive of the crime, circumstances before and after the crime, etc., it cannot be deemed that the judgment of the court below is unreasonable.

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

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