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(영문) 창원지방법원 2017.07.13 2017노852
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 (six 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 recognized the Defendant’s crime, the alcohol concentration in the Defendant’s blood at the time is not high to 0.070%, the driving distance is relatively short to 300 meters, the Defendant’s disposal of the vehicle driven by the Defendant, the family members and the employees’ family members want to support the Defendant, the Defendant’s contribution to green traffic and participate in safety driving volunteer activities, and the Defendant’s family members are expected to suffer disadvantages such as retirement from the company in which he/she is serving, etc.

On the other hand, the defendant has been sentenced to six times or punishment due to drinking or non-licensed driving (five times or more of punishment, five times of suspended sentence, one time of suspended sentence), and the defendant was sentenced to two years of suspended sentence on May 17, 201 by the Changwon District Court for six months of suspended sentence and was sentenced to two years of suspended sentence during the suspended period, and was also sentenced to driving without drinking or non-licensed driving.

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.

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