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(영문) 창원지방법원 2015.08.20 2015노957
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below (two months of imprisonment, two years of suspended sentence, eight hours of community service, and forty hours of attending order) is too unreasonable.

2. The judgment of the court below is acknowledged to have violated the defendant's wrongness while committing the crime, community service, etc., but it cannot be deemed that the defendant repeatedly drives the same kind of crime without a license even though there are many criminal records; considering the equity with other cases, it cannot be deemed that the suspension of execution of imprisonment or community service order, etc. is heavy; considering all the circumstances, the court below does not seem to have determined the punishment in light of the overall circumstances, and there are other various circumstances, including the defendant's age, environment, character and behavior, motive leading to the crime of this case, motive leading to the crime of this case, circumstances before and after the crime, etc., it is not deemed that the sentence of the court below is too unreasonable.

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

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