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(영문) 창원지방법원 2014.03.20 2014노168
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the gist of the grounds for appeal, such as the confession and reflection of the defendant, the company run by the defendant faces a crisis of bankruptcy due to the detention of the defendant, and the location where the defendant supports his family, the punishment of imprisonment (six months of imprisonment) imposed by the court below is too unreasonable.

2. Taking into account the circumstances alleged by the Defendant, the drinking driving is a crime that may cause damage to the lives and property of individuals as well as other unspecified persons, and requires strict punishment by reflecting the purpose of revision of the Road Traffic Act. In the past, the Defendant has a history of having been punished several times as a crime of violating the Road Traffic Act (two times a suspended sentence of imprisonment, five times a fine). In particular, on January 21, 2011, the Defendant was sentenced to a suspended sentence of six months in the Changwon District Court sentenced to a suspended sentence of two years on January 29, 201, and the said judgment became final and conclusive on May 17, 2011, which again became final and conclusive on May 17, 2011, and the Defendant again has been sentenced to a fine imposed by this court, and there is no reason to believe that it is difficult for the Defendant to expect the effect of drinking driving to the Defendant due to the crime of violating the Road Traffic Act, and there is no reason to view the record of the Defendant’s personality and behavior and other circumstances as being unfair.

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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