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(영문) 창원지방법원 2017.12.21 2017노3056
도로교통법위반(음주운전)
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. There are extenuating circumstances, such as the fact that the defendant recognizes and reflects the crime, the distance of the defendant's driving at the time is shorter than 50 meters, and there are family members to support the defendant.

However, the Defendant was sentenced to two years and six months of imprisonment on June 8, 2017 due to a crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes (Intimidation, etc.) committed on the Aggravated Punishment, etc. of Specific Crimes, and the Defendant was released from prison on June 8, 2017. The Defendant was under the influence of drinking on a two-time basis due to driving of drinking, and was under the influence of drinking on a one-time basis. The Defendant was under the influence of drinking on a one-time basis; the Defendant’s blood alcohol concentration level at the time was not lower than 0.08%; the Defendant’s punishment was not lower than 0.08%; the Defendant’s crime of drinking was committed during the period of repeated offense; the Defendant cannot be under the legal suspension of sentence due to the crime committed during the period of repeated offense; the Defendant’s age, environment, sex, circumstances leading to the crime, and conditions before and after the crime; the Defendant’s imprisonment with prison labor among the various circumstances and the statutory punishment of this case was under the lower statutory punishment.

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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