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(영문) 창원지방법원 2017.02.09 2016노2819
도로교통법위반(음주운전)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the sentence imposed by the lower court on the Defendant (one year of imprisonment, two years of suspended sentence, two years of probation, observation of protection, community service, 240 hours, and 40 hours of lecture of compliance driving) is too uneasible and unfair.

2. The Defendant committed each of the instant crimes again even though he/she was sentenced to the punishment of a fine for drinking or driving without a license for driving under the influence of alcohol in 2003, which was sentenced to the two-year suspended sentence of imprisonment for six months due to driving under the influence of alcohol in 2008 and the two-year suspended sentence of imprisonment for six months due to driving under the influence of alcohol or without a license for driving under the influence of alcohol in 2008, and the Defendant was found twice in 2015 and at that time at that time he/she was found to have been driving under the influence of a license for driving under the influence of alcohol in 2015 and was disadvantageous to the Defendant.

However, in full view of all the circumstances, including the Defendant’s age, environment, sex, motive for committing an offense, and circumstances before and after committing an offense, the lower court’s punishment is somewhat minor, taking into account the following factors: (a) the Defendant, after the pronouncement of the lower judgment, sold the said Lone Star bus, and supported the mother and two children by having a vinyl farm in an alone; (b) each of the above suspended sentence was old; and (c) there was no previous conviction except for drinking and unlicensed driving power; and (d) the Defendant’s age, environment, sex, motive for committing an offense, and circumstances before and after committing an offense, etc., which are the conditions for sentencing as shown in the instant records and arguments.

Although there may be room to see it too much to reverse the judgment of the court below, it cannot be deemed unfair.

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

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