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(영문) 창원지방법원 2016.03.10 2015노2885
도로교통법위반(음주운전)
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The defendant asserts that the reasoning of the appeal is too unreasonable because of the punishment imposed by the court below (the amount of eight million won). The prosecutor asserts that the prosecutor is too unfluent and unfair.

2. The judgment is favorable to the defendant that the defendant led to confession of facts constituting the crime, disposes of the vehicle owned by the defendant immediately after the crime of this case, and that there is no other criminal record except that sentenced to a fine (1.5 million won) for the same crime in 2008.

On the other hand, the Defendant’s unfavorable circumstances are also recognized, such as the fact that the alcohol level was very high at 0.217% at the time of driving the instant drinking, and the Defendant brought about a danger by causing a traffic accident involving a collision of vehicles parked due to driving of the instant drinking.

In full view of such circumstances and other circumstances as the Defendant’s age, environment, sexual conduct, motive, and circumstance before and after the commission of the crime, etc., the sentence imposed by the lower court is too heavy or is deemed unreasonable as it is too low, and thus, the argument that the sentencing of the Defendant and the Prosecutor is unfair is rejected.

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

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