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(영문) 창원지방법원 2018.02.01 2017노3164

도로교통법위반(음주운전)등

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (eight months of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. There are extenuating circumstances, such as the fact that the defendant recognizes the crime and reflects, the fact that the defendant disposed of the vehicle driven by the defendant, and the fact that the defendant is a person with disabilities of class 6.

On the other hand, there is a record that the defendant was sentenced to one suspended sentence due to three times of a fine due to drinking driving, driving without a license, and the defendant was sentenced to two years of a suspended sentence on May 31, 2017 by the Changwon District Court, which was sentenced to two years of imprisonment due to drinking or non-licensed driving on August, 2017 and was under the suspended sentence, and in addition, the defendant was driving without a license for drinking or non-licensed driving in this case. At that time, the defendant's blood concentration level was 0.170% higher than that of the defendant's blood.

In full view of such circumstances and other circumstances as the Defendant’s age, environment, sexual conduct, circumstances before and after the commission of the crime, and various conditions of sentencing as shown in the instant records and pleadings, it is not recognized that the sentence imposed by the lower court is too heavy or unreasonable.

3. As such, the appeal filed by the defendant and the prosecutor is without merit. Thus, it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.