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(영문) 창원지방법원 2013.08.22 2013노998
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the fact that there are circumstances to consider the background of drinking driving of the instant case, the confession and reflect of the Defendant, and the Defendant’s scheduled marriage, etc., the punishment sentenced by the lower court (six months of imprisonment) is too unreasonable.

2. Taking into account the circumstances alleged by the Defendant, each of the instant crimes is deemed to operate a motor vehicle under the influence of alcohol by 0.101% without a driver’s license, and the case is not less than that, driving under the influence of alcohol is a crime that may threaten another person’s life and body, and requires a strict punishment in accordance with the purport of the amended Road Traffic Act. In the past, the Defendant has not only past history of having been punished for a violation of the Road Traffic Act (one time of suspended sentence of imprisonment, four times of fines) or a violation of the Road Traffic Act (one time of suspended sentence of imprisonment, four times of fines). On February 10, 2012, the Changwon District Court sentenced on six months a suspended sentence of imprisonment with prison labor for a violation of the Road Traffic Act (one year of suspended sentence of imprisonment without a driver’s license), and the records of each of the instant crimes and circumstances of the Defendant, as well as the circumstances surrounding each of the instant crimes, and there is no reason why the lower court sentenced the Defendant’s respective punishment after considering all the following circumstances and circumstances.

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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