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(영문) 창원지방법원 2015.11.19 2015노1786

도로교통법위반(음주운전)

Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentencing of the lower court (7 million won of a fine) is too unhued and unreasonable.

2. The judgment of the court below may be deemed to be somewhat harsh when considering the fact that the defendant was sentenced to five times of punishment due to drunk driving, and that the defendant committed the crime in this case even though the last two times of suspended sentence is sentenced, and that the crime in this case is a crime during suspended sentence. However, the crime in this case is completely different from the crime under suspended sentence, which results in the execution of imprisonment for one year where suspended sentence is invalidated, and the crime in this case is executed for one year where suspended sentence is executed. The above two previous crimes in the same kind of suspended sentence in this case are both 2010 years, and a certain period of time has passed since the blood alcohol concentration at the time of this case was 0.085%. In light of the fact that the blood alcohol concentration at the time of this case was not higher than 0.085%, it cannot be deemed that the sentence of the court below is too unreasonable since it exceeded the proper scope.

3. In conclusion, the prosecutor's appeal is dismissed as it is without merit. It is so decided as per Disposition.