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(영문) 창원지방법원 2017.05.11 2016노3249
도로교통법위반(음주운전)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below rendered is too unhued and unfair.

2. The Defendant committed the instant crime even though he/she had the record of being punished as a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in 2015 and a crime of violation of the Road Traffic Act (driving), the Defendant’s blood alcohol concentration at the time of driving the instant drinking was very high by 0.273%, and the Defendant caused an accident is disadvantageous to the Defendant.

However, the fact that the defendant recognizes and reflects the crime of this case, and that he will not further repeat the crime of this case.

In full view of the following circumstances: (a) the vehicle that had been driven and driven was scrapped; (b) the Defendant was subject to a fine at the time; (c) there was no other criminal record; (d) the victim F’s injury is easy to the extent that the victim’s treatment is required; (c) the victim was agreed with the victim; (d) there was a family member to support the Defendant; and (e) other various circumstances, including the Defendant’s age, environment, sexual conduct, motive for the crime; and (e) the circumstances before and after the crime, etc., which are the conditions for sentencing specified in the records and arguments of this case, the sentence of the lower court is too

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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