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(영문) 창원지방법원 2014.10.16 2014노1443
도로교통법위반(음주운전)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal lies in the past that the defendant has been punished several times due to the violation of the Road Traffic Act or the violation of the Road Traffic Act (Refusal of measurement of the noise level) and the violation of the Road Traffic Act (one time of suspension of execution of imprisonment and five times of fines). In particular, in the Changwon District Court's close support on December 18, 2012, the defendant was sentenced to the suspension of the execution of six months for the violation of the Road Traffic Act (one time of suspension of execution of imprisonment and five times of fines) and was sentenced to the suspension of the execution of six months for the violation of the Road Traffic Act (one time of suspension of execution of the sentence), and in light of the fact that the judgment became final and conclusive on December 27, 2012, and again commits the instant crime, the punishment (five million won of a fine) imposed by the

2. Taking into account the circumstances alleged by the Prosecutor, considering the following: (a) the Defendant is led to confession and reflect; (b) the Defendant drives Otoba; (c) the Defendant again does not repeat again; and (d) the character, conduct and environment of the Defendant; (b) the background and consequence of the instant crime; and (c) the circumstances of sentencing as indicated in the records and arguments, such as the circumstances after the instant crime, etc., the sentence imposed by the lower court cannot be deemed unfair, and thus, the Prosecutor’s allegation above is

3. In conclusion, the prosecutor's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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