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(영문) 창원지방법원 2015.09.17 2015노1634
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the lower court (six months of imprisonment) is too unreasonable.

2. The judgment of the defendant is recognized that the vehicle that the defendant repented and operated was disposed of, and that the person with a disability who real name of one eye was growing into a highly poor environment.

However, even though the Defendant had been punished several times, including two times of suspended sentence due to drunk driving and non-licensed driving, he again driven the instant non-driving license during the period of suspended sentence due to non-licensed driving. Since the blood alcohol concentration at the time is high 0.167%, it is inevitable to sentence the Defendant’s imprisonment.

In light of such circumstances and other conditions of sentencing as shown in the oral argument, the sentencing of the lower court, which sentenced the lowest sentence of imprisonment, which is legally acceptable by applying discretionary mitigation, is not deemed unreasonable.

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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