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(영문) 창원지방법원 2016.03.03 2016노184
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (eight months of imprisonment) is too unreasonable.

2. The fact that the Defendant made a confession of criminal facts, and the Defendant’s drinking value at the time of the instant case is relatively high at 0.087%, and the Defendant did not have a distance from which the Defendant was driving without a license for drinking, and the fact that the Defendant is a disabled person of the fourth degree with a delay disability is favorable to the Defendant.

However, even though there are many kinds of records of punishment for traffic crimes including those punished four times due to drinking driving, the defendant, even though he was sentenced to a fine of 6 million won due to driving without a drinking license during the period of suspension of the execution of the suspension of the execution of the suspension of the suspension of the execution of the suspension of the operation of the case, he again carried out a license without a drinking license again before the suspension of the execution of the suspension of the operation of the operation of the case, and again carried out a license without a driving of the case during the period of the suspension of the execution of the suspension of the operation of the operation of the case (Provided

In addition, in full view of the facts that the court below determined the punishment against the defendant by taking into account all the circumstances, and there is no special change in the trial, and other various circumstances that form the conditions for sentencing as shown in the records and arguments of this case, such as the defendant's age, environment, sexual conduct, motive for the crime, and circumstances before and after the crime, the court below's punishment is too unreasonable, and thus, the defendant's above assertion is without merit.

3. If so, 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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