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(영문) 창원지방법원 2015.10.29 2015노1492

도로교통법위반(음주운전)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the sentence imposed by the court below on the defendant (limited to eight months of imprisonment, two years of suspended execution, and forty hours of order to attend a course) is too unhued and unreasonable.

2. The judgment is that the defendant has a majority of criminal records of the same kind, the defendant is found to have been found to have been 0.125% and 0.175% of blood alcohol concentration at the time of detection, even though he was found to have been considerably high by 0.125% and 0.175% of the blood alcohol concentration at the time of detection, and the defendant is found to have led to a confession and reflect on criminal facts, there is no criminal record heavier than fines, the defendant was found to have been exposed to crackdown by driving with drinking or without a license, and the defendant was not found to have paid a traffic accident, and the defendant has sold the vehicle he driven and again failed to drive drinking or without a license, and other various circumstances shown in the records and arguments, such as the defendant's age, character and behavior, environment, etc., the sentence of

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