beta
(영문) 창원지방법원 2014.06.26 2014노141

도로교통법위반(음주운전)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal in light of the fact that the defendant was punished several times due to a violation of the Road Traffic Act or a violation of the Road Traffic Act (limited to four times a fine and two times a suspended sentence of imprisonment) in the past, and in particular, on February 6, 2013, the defendant was sentenced to a suspended sentence of six months for a violation of the Road Traffic Act in the Changwon District Court's Jinju branch on February 6, 2013, and was sentenced to a suspended sentence of two years for a period of six months, and that he committed the instant crime during the suspended sentence after the judgment became final and conclusive on February 14, 2013, it is unfair that the sentence (limited to a fine of five million won) imposed by the court below is too excessive.

2. Taking into account the circumstances alleged by the prosecutor of the judgment, the Defendant’s confession and reflect, the Defendant’s blood alcohol content is relatively low, the distance driven by the Defendant is relatively short and does not cause traffic accidents. The Defendant’s detention entails excessive difficulty in the survival of the Defendant’s children because the Defendant supports three children, a middle school student and a elementary school student, as the most of one parent’s family, resulting in excessive difficulty in the Defendant’s survival. The Defendant’s character, character and environment, the background and consequence of the instant crime, the circumstances after the instant crime, etc., and all the circumstances constituting the conditions for sentencing as indicated in the records and arguments, and thus, it cannot be deemed unfair as the sentence imposed by the lower court is deemed unreasonable. Therefore, the Prosecutor’s allegation

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

참조조문