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(영문) 창원지방법원 2017.11.02 2017노1952
도로교통법위반(음주운전)등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (six months of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. Although the Defendant had been punished eight times due to drinking or non-licensed driving (five times a punishment, five times a suspended sentence, three times a suspended sentence), the Defendant committed the instant crime at the same time, and the Defendant’s blood alcohol concentration at the time of the instant case was 0.110% lower, and the distance driven at the time of the instant case was 34 km, and the Defendant also attempted to escape from liability by reporting the police officer under the influence of drinking while driving at the time of the instant case, and attempted to escape from liability.

On the other hand, there are favorable circumstances for the defendant, such as the fact that the defendant recognizes and reflects the crime of this case, the fact that there is a good mother and two children who should support the defendant.

In full view of such circumstances and other circumstances as the Defendant’s age, environment, sexual conduct, circumstances before and after the commission of the crime, etc., it is not determined that the sentence imposed by the lower court is too heavy or unreasonable because it is too unreasonable.

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

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