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(영문) 창원지방법원 2013.06.04 2013노283
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is as follows: (a) the Defendant is under individual rehabilitation and is in a position to support the aged parents and the first grade children of the university; and (b) the Defendant falls under the grounds for obligatory retirement after the judgment of the suspension of the execution of imprisonment becomes final and conclusive as a DNA middle school athletic teacher; and (c) the Defendant is in a profound reflection of and not repeating again, such as scrapping of the automobiles driven by the Defendant, etc., it is unreasonable for the lower court to impose imprisonment (two years of suspended execution for six months, and an order to attend the compliance driving course for 40 hours).

2. Taking into account the circumstances alleged by the Defendant, the instant crime is deemed to have driven a vehicle without a driver's license while under the influence of 0.182% of alcohol level, and the case is deemed to be less and less. The drinking driving is an offense that may cause damage not only to an individual but also to other unspecified life and property, and needs to be strictly eradicate it by reflecting the purpose of the revision of the Road Traffic Act. In the past, the Defendant has been punished several times (seven times) due to the same or similar crimes, such as the violation of the Road Traffic Act (driving) or the violation of the Road Traffic Act (Free License). In addition, the Defendant was punished on August 26, 2012 on the grounds that it was discovered that the Defendant driven a vehicle without a driver's license and committed the instant crime, and thus, it is difficult to expect the effect of driving without a driver's license and driving without a license, and the circumstances and circumstances leading up to the Defendant's argument that the Defendant's aforementioned crime cannot be seen as unfair after considering all the following circumstances.

3. Thus, the defendant's conclusion is that of this case.

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