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(영문) 창원지방법원 2017.04.20 2016노2751
도로교통법위반(음주측정거부)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (six months of imprisonment and two years of suspended sentence) is too uneased and unfair.

2. The circumstance is that the Defendant committed the instant crime while being tried to commit a violation of the Road Traffic Act at the Busan District Court's Dong branch branch branch, which is disadvantageous to the Defendant, such as the fact that the Defendant was punished for driving under drinking or refusing to measure drinking (one time a punishment, one time a suspended sentence), and that the Defendant committed the instant crime.

On the other hand, there are circumstances favorable to the defendant, such as the fact that the defendant recognized the crime, scrapped the vehicle used for the crime of this case, that the defendant scrapped the vehicle, that there was no history of punishment for the defendant, that the defendant was sentenced to a suspended sentence of one year for the violation of the Road Traffic Act in Busan District Court's Dong Branch Branch, and that the defendant was sentenced to a suspended sentence of one year, and that it was confirmed around that time. The above judgment should consider equality with the crime that became final and conclusive, that there is a family member to support the defendant, that the defendant is currently hospitalized and is receiving treatment

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., and the conditions for sentencing as shown in the records and arguments of this case, it is not determined that the sentence imposed by the lower court is too uneasible and unreasonable.

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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