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(영문) 창원지방법원 2014.01.16 2013노1713
도로교통법위반(음주운전)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the defendant has been punished several times due to the violation of the Road Traffic Act (driving a fine) and the violation of the Road Traffic Act (driving a fine four times), and in light of the above records of the defendant, it is difficult to expect the effect of the prevention of drunk driving and unlicensed driving to the defendant. In light of the above records, the punishment imposed by the court below is too unfortunate and unfair.

2. Even if considering the above circumstances alleged by the Prosecutor, considering the following circumstances, the Defendant’s confession and reflect, the Defendant’s drinking alcohol level is relatively low to 0.053%, the Defendant’s location to support his family, the Defendant’s character, conduct and environment, the circumstances and results of the instant crime, and the circumstances of sentencing as shown in the records and arguments, the sentence imposed by the lower court cannot be deemed unfair, and thus, the prosecutor’s allegation above is without merit.

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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