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(영문) 창원지방법원 2013.09.10 2013노888
도로교통법위반(음주운전)
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the summary of the grounds for appeal: (a) there are circumstances that may be considered in the circumstances leading up to driving under the influence of alcohol in this case; (b) the defendant has to care for a female living together; (c) the occurrence of an accident due to driving under the influence of alcohol in this case; (d) the defendant has already been living under detention for at least five months; and (e) the defendant has led to confession and reflect against the defendant, the punishment imposed by the court below (six

2. Taking into account the circumstances alleged by the Defendant, the instant crime is deemed to have driven a motor vehicle while under the influence of alcohol at least two times, despite the fact that the Defendant had already been under the influence of alcohol, and the case is not less than that of the vehicle under the influence of alcohol at least 0.182%; driving under the influence of alcohol is an offense that may threaten another person’s life and body as well as himself/herself, and requires strict punishment in accordance with the purport of the amended Road Traffic Act. In the past, the Defendant has past records of punishment (two times a suspended sentence of imprisonment, five times a fine) due to a violation of the Road Traffic Act (two times a suspended sentence of imprisonment) and a violation of the Road Traffic Act (five times a fine). In particular, on May 2, 2012, the Defendant was sentenced to two years a suspended sentence of imprisonment on August 10, 2012, and the judgment became final and conclusive, and the Defendant again commits the instant crime during the suspended sentence, and the circumstances and circumstances of the Defendant, as well as the circumstances surrounding the instant crime and its arguments.

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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