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(영문) 창원지방법원 2014.02.18 2013노2451
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the fact that the gist of the grounds for appeal is confession and reflects by the defendant, the location of the defendant to support his/her family, and the health of the defendant, etc., the punishment sentenced by the court below (six months of imprisonment) is too unreasonable.

2. Taking into account the circumstances alleged by the Defendant, the Defendant had been punished several times in the past due to the violation of the Road Traffic Act and the violation of the Road Traffic Act (three times a fine and one time a suspended sentence of imprisonment). In particular, on November 8, 2012, the Changwon District Court sentenced the Defendant to two years of a suspended sentence of imprisonment for the violation of the Road Traffic Act and the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death and Injury caused by Danger) on August 16, 2012, which became final and conclusive on November 16, 2012, and was under the suspended sentence, two times of a suspended sentence. In light of the above facts, it is necessary to strictly punish the Defendant in accordance with the purport of the amended Road Traffic Act, which could cause damage to another person’s life and body, and considering the repeated punishment of the Defendant’s past force, it is difficult to expect that the Defendant’s license for drinking operation and the Defendant’s without any license for driving and the Defendant’s environment and circumstances as a result, etc.

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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