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(영문) 창원지방법원 2015.12.10 2015노1908

도로교통법위반(음주운전)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentencing of the lower court (a fine of four million won) is too unhued and unreasonable.

2. The judgment of the court below has the record of receiving juvenile protective disposition three times due to driving without a license, and the driving without a license again was conducted despite the fact that the defendant was discovered due to driving without a license prior to the degree of her defect, and the blood alcohol level was 0.126% high, and the accident that was caused by the parking lot wall during driving is disadvantageous to the defendant. However, the defendant's criminal punishment prior to the instant case is only one fine for a different kind of punishment and did not contain any punishment or juvenile protective disposition. In light of the sentencing conditions indicated in the arguments, such as the defendant's age, the defendant's age, specific circumstance and result of the crime, etc., it cannot be viewed that the sentencing of the court below is too unreasonable.

3. In conclusion, the prosecutor's appeal is dismissed as it is without merit. It is so decided as per Disposition.