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(영문) 창원지방법원 2017.11.09 2017노2568
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence (3 million won in penalty) imposed by the court below on the defendant is too unreasonable.

2. There are extenuating circumstances such as the fact that the accused recognizes the crime and reflects it, and that the accused has no record of punishment for the same kind of crime.

However, in full view of all other circumstances, including Defendant’s age, environment, sex, background of the crime, and circumstance before and after the crime, etc., the driving distance was not shorter than 0.102%, and the statutory penalty corresponding to the above figures was a fine of 3 million to 5 million won. The lower court sentenced a fine of 3 million won equivalent to the lower limit of the above statutory punishment by taking account of Defendant’s previous conviction, the content of the crime in this case, etc., and there is no special change of circumstances that may reduce or exempt this in the trial, and other various circumstances that are the conditions for sentencing as shown in the records and arguments of this case, it is not recognized that the sentence imposed by the lower court is too unreasonable.

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

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