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(영문) 창원지방법원 2019.05.23 2018노2820
도로교통법위반(음주운전)
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The circumstances that Defendant’s inappropriate sentencing (which reflects the circumstances, are the parents of old parents who are not good in health to support, and live in an economically difficult life without good health)

B. The prosecutor’s improper sentencing (the defendant has a history of punishment several times for the same kind of crime, the defendant was causing a traffic accident at the time of the instant case, and the blood alcohol concentration at the time of the instant case was significantly high 0.183%)

2. Even if the Defendant and the Prosecutor were to take into account the circumstances favorable to the Defendant on the grounds of each appeal, the lower court appears to have determined the sentence within a reasonable scope, taking full account of the overall circumstances regarding sentencing.

Furthermore, there are no special circumstances or changes in circumstances to change the sentencing of the lower court after the lower judgment.

All the arguments of the Defendant and the prosecutor that the sentencing of the lower court is unfair are rejected.

3. The appeal filed by the Defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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