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(영문) 창원지방법원 2020.06.25 2020노801
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) imposed by the lower court is too unreasonable.

2. The judgment is relatively short of the distance driven by the Defendant, the blood alcohol concentration is low, and the occurrence of traffic accidents is not occurred, and the fact that there is a physical disability and there is a family member to support is favorable to the Defendant.

However, the Defendant had already been punished four times due to drinking driving, and the two times of which (2013, 2015) was subject to suspended execution, but again, the Defendant committed the instant crime.

As above, the lower court seems to have determined a punishment within the reasonable scope of discretion by fully taking into account various favorable or unfavorable circumstances to the Defendant.

However, it is difficult to view that there is a special change in circumstances that could change the sentencing of the court below although the defendant submitted a written application of the same kind of work accompanying the defendant and the defendant's son who appealed against the defendant's prior action.

In addition, examining the defendant's age, character and conduct, environment, circumstances after the crime, circumstances after the crime, criminal records, and various conditions of sentencing specified in the records and pleadings of this case, it is not deemed that the sentence of the court below against the defendant is too unreasonable.

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

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