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(영문) 창원지방법원 2020.01.30 2019노2150
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment, two months of probation, three years of probation, two hundred hours of community service order, 40 hours of order to attend a compliance driving course) of the court below is too unreasonable.

2. The lower court’s sentencing appears to have been determined by fully considering the various favorable circumstances for the Defendant, and there is no special change in circumstances that could change the sentencing after the lower judgment.

In addition, according to the various sentencing conditions shown in the records and arguments of this case, such as the defendant's age, character and conduct, environment, background of the crime, circumstances after the crime, records of the crime, and the fact that the same crime was committed several times, the sentence of the court below against the defendant is too unreasonable.

The defendant is trying to reduce community service order due to the problem of living, etc.

However, considering various sentencing conditions, the lower court appears to have sentenced to a suspended sentence on the premise that the Defendant implements the community service order, and the difficulty or inconvenience arising in the course of the implementation thereof is borne by the Defendant, and the community service order may be implemented through weekends, holidays, etc. after consultation with the competent probation office, so it is not impossible to implement the order to the extent that it does not interfere with the livelihood of the Defendant.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit. It is so decided as per Disposition.

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