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(영문) 창원지방법원 2016.07.28 2016노828
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (six months of imprisonment) is too unreasonable.

2. It is recognized that the judgment defendant led to the confession of facts constituting a crime and reflects on the facts.

However, the Defendant was punished by a fine of KRW 70,00,00 for driving without a license in 2009, KRW 300,000 for driving without a license in 2014, and KRW 3 million for driving with a fine of KRW 200,000 for driving without a license in 2015, and committed again the instant crime without being aware of the fact that the Defendant was under the suspension of the execution of the crime ( particularly, the Defendant was punished by a fine even though he was the crime under the suspension of the execution of the said crime in 2015, and the Defendant again was punished by a fine even if he was the crime under the suspension of the execution of the said crime), the Defendant attempted to avoid the crackdown of drinking, and did not have any special change in the trial, and in full view of various circumstances that are the conditions for sentencing as shown in the records and arguments, such as the Defendant’s age, environment, sex, motive for committing the crime, and conditions before and after the crime, it cannot be deemed unfair for the lower judgment to be deemed unfair.

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

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