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(영문) 창원지방법원 2017.11.02 2017노1688

도로교통법위반(음주운전)

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence (five million won in penalty) imposed by the court below on the defendant is too unhued and unfair.

2. The Defendant was sentenced to a suspended sentence of two years on September 10, 2015 due to a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) on the Punishment of Violences, etc. on the part of the Defendant, and was sentenced to a suspended sentence of two years on September 10, 2015. The Defendant’s act of driving the instant drinking without being aware of it during the suspended sentence of two years; the Defendant’s act of causing a traffic accident; and the Defendant’s control by causing a traffic accident; and the Defendant’s blood alcohol concentration level at the time was considerably high to 0.195%.

However, in full view of the following circumstances: (a) the Defendant recognized the offense; (b) the Defendant did not have any record of being punished for a crime of the same kind other than a fine of one million won due to driving of drinking in 2005; (c) the Defendant’s health conditions due to acute dystrophy infection and urology, etc.; and (d) the Defendant’s age, environment, sex behavior, circumstances before and after the commission of the offense; and (e) other circumstances that are conditions for sentencing as shown in the records and arguments of the instant case, such as the circumstances before

Even if it is not so unfair that it should be destroyed.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.