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(영문) 창원지방법원 2016.04.28 2016노138
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 Defendant: (a) led to the confession of facts constituting an offense; (b) made efforts to correct late and late by subscribing to mandatory insurance when driving the instant drinking alcohol; (c) the alcohol concentration in blood is not relatively high to 0.074% at the time of driving the instant drinking; and (d) it was not controlled by causing a traffic accident; and (c) on the operation of an automobile with no mandatory insurance, the Defendant made efforts to correct late and late by subscribing to mandatory insurance.

However, in full view of various circumstances, including the Defendant’s age, environment, sex, motive for committing the crime, and circumstances before and after committing the crime, the lower court’s punishment cannot be deemed unfair because it is too too unreasonable, considering the following factors: (a) the Defendant was sentenced to a fine of KRW 1.5 million in 2010; (b) the Defendant was sentenced to a two-year imprisonment in 2013 due to drinking and non-licensed driving; (c) the Defendant committed the instant crime despite the fact that the period of probation was under the period of probation; and (d) the Defendant was not subject to the suspended sentence; and (e) the Defendant’s age, environment, sexual conduct, motive for committing the crime; and (e) the conditions for sentencing as shown in the instant records and arguments.

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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