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(영문) 창원지방법원 2015.08.06 2015노673
도로교통법위반(음주운전)
Text

The prosecutor's appeal is dismissed.

Reasons

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

2. In full view of various circumstances, including the Defendant’s age, environment, character and conduct, motive for committing a crime, and circumstances before and after committing a crime, the lower court’s punishment is deemed unreasonable because it is too unreasonable, taking into account the following circumstances: (a) the Defendant was under the influence of committing a crime; (b) the Defendant did not cause traffic accidents due to drinking driving of the instant case; (c) the Defendant should be sentenced to imprisonment without prison labor or heavier punishment; and (d) the Defendant’s age, environment, character and conduct, motive for committing a crime, and circumstances before and after committing a crime.

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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