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(영문) 창원지방법원 2018.01.18 2017노3119
도로교통법위반(음주운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence (five million won in penalty) imposed by the court below on the defendant is too unhued and unfair.

2. On June 15, 2017, the Defendant was sentenced to a suspended sentence of one year for a violation of the Act on Special Cases concerning the Settlement of Traffic Accidents at the Changwon District Court's branch office on the grounds that the Defendant had been sentenced to a fine twice due to drinking, and the Defendant was sentenced to a suspended sentence of one year for six months on the grounds of the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents at the Changwon District Court's branch office on June 15, 2017, and was driving the instant drinking at approximately two weeks without being aware of the suspended sentence, and at the time, the Defendant's blood concentration level was 0.

However, in full view of the following circumstances: (a) the Defendant recognized the Defendant’s crime; (b) the Defendant was relatively low in danger by driving a motor device bicycle; (c) the Defendant did not cause a traffic accident; (d) the Defendant was physically disabled persons of class 4; and (e) the Defendant was able to drive the instant drinking; and (e) the Defendant was able to drive the instant drinking; and (e) other various circumstances that form the conditions for sentencing as shown in the instant records and pleadings, including the Defendant’s age, environment, sexual conduct, circumstances before and after the commission of the crime; and (e) the sentence imposed by the lower court

Even if it is not so unfair that it should be destroyed.

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.

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