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(영문) 창원지방법원 2018.01.18 2017노3257

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 and reflects the crime, the fact that the distance of the defendant's driving is shorter than 300 meters, and the fact that the defendant disposes of the vehicle driven by the defendant.

On the other hand, the defendant was sentenced to a fine on one occasion due to drinking driving in 2016, a fine on one occasion due to driving without a license and one-time suspension of execution, and the defendant was sentenced to a suspended sentence on September 9, 2016 by the Changwon District Court for a period of 2 years due to driving without a license and without a license and without a license, which was sentenced to a suspended sentence on August, 2016, and did not know even though he was under the suspended sentence, and the defendant was driving without a license and without a license. At the time, the defendant's blood alcohol concentration level was 0.145% higher than that of the defendant.

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.