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(영문) 창원지방법원 2017.09.28 2017노1950

도로교통법위반(음주운전)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (one hundred months of imprisonment and two years of suspended sentence) is too unhued and unfair.

2. There are circumstances unfavorable to the Defendant, such as the fact that the Defendant was sentenced to a fine twice due to drinking alcohol driving, a fine twice due to driving without a license, a fine for one time due to a non-licenseing driving, and a one-time suspended sentence, and that the Defendant was engaged in drinking or non-licenseing driving at the same time; that the Defendant’s blood density leveled by 0.121%; and that the driving distance was not shorter than 1.5km.

However, in full view of the following circumstances: (a) the Defendant recognized all of the crimes; (b) it is difficult to view the traffic accident occurred at the time of the instant case as due to the Defendant’s negligence; (c) the degree of injury to the victims of the traffic accidents; (d) an agreement with the victims was made by the victims; (c) the Defendant did not have any criminal record; and (d) other circumstances that form the conditions for sentencing specified in the instant records and arguments, including the Defendant’s age, environment, sex, criminal conduct, circumstances before and after the commission of the crime, etc., it is not deemed unfair

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.