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(영문) 창원지방법원 2020.10.22 2020노1393
도로교통법위반(음주운전)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Each prosecutor appealed to the effect that the Defendant is too uneasible and unreasonable for the summary of the grounds for appeal (a two-year imprisonment) by the lower court, with respect to the punishment (two-year imprisonment), respectively, to the effect that the Defendant is too uneasible.

2. The Defendant, as indicated in the lower judgment, committed the crime of non-licensed or drunk driving without permission from January 2019 to January 2020, the Defendant committed the crime of non-licensed or drunk driving for a period of one year.

In particular, three remaining crimes have been committed during the period of absence on the date of trial after being prosecuted for committing an offense of 2019Kadan1271 as stated in the judgment below.

The blood alcohol concentration level is high every five drinking driving crimes.

On January 6, 2020, the last crime was committed on an expressway, which could lead to a large-scale accident, and actually caused a significant traffic danger by taking a protective wall on the side.

On the other hand, the defendant is not subject to criminal punishment until he/she is prosecuted for each of the crimes in this case, except for the punishment of a fine for drinking driving once 2018.

Around January 2019, the Defendant was divorced from his/her spouse and children, and accordingly, had a significant impact on each of the instant crimes.

As above, the lower court appears to have determined the punishment within the reasonable scope of discretion by fully taking into account the favorable or unfavorable circumstances to the Defendant, and there is no special change in circumstances that could change the sentencing after the lower judgment.

In addition, examining the defendant's age, character and conduct, environment, circumstances after the crime, circumstances after the crime, and criminal records in the instant case and arguments, it is not deemed that the sentence of the court below against the defendant is too heavy or unreasonable.

3. The appeal filed by the defendant and the prosecutor in conclusion are without merit, and they are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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