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(영문) 창원지방법원 2017.11.02 2017노1673
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year of imprisonment with prison labor for six months and one year of suspended execution) is too unreasonable.

2. There are extenuating circumstances, such as the fact that the accused recognizes and reflects the crime, that the accused's previous convictions for drinking or non-licenseless driving are about ten years, and that the accused has no previous convictions.

However, in full view of various circumstances, including the Defendant’s age, environment, sex, circumstances before and after the commission of the crime, etc., the sentence imposed by the lower court is too unreasonable, and it is not acknowledged that the sentence is too unreasonable, considering the following circumstances: (a) the Defendant was sentenced to a fine on three occasions due to drinking driving, a fine on one occasion due to driving without a license; (b) the alcohol level of the Defendant’s blood was higher than 0.117%; and (c) the Defendant’s blood content was higher than 0.17%.

Meanwhile, the Defendant sought a reduction or exemption of the hours required to attend a lecture, but in light of the record of the crime, etc. seen earlier, the Defendant needs to inspire compliance consciousness and prevent recidivism through a compliance driving lecture, and is likely to somewhat obstruct the Defendant’s living. However, the Defendant appears to be able to implement the lecture within the scope that does not interfere with the Defendant’s living through consultation with the protection observation office after the judgment became final and conclusive, and there are no special circumstances to reduce or exempt this.

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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