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(영문) 창원지방법원 2017.05.25 2016노3434
도로교통법위반(음주운전)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence (five million won in penalty) that the court below rendered by the court below on the gist of the grounds of appeal is too unhutiled and unreasonable.

2. On November 1, 2015, the Defendant committed each of the instant crimes under the influence of alcohol alcohol level 0.16% under the influence of alcohol level 0.16% under the influence of alcohol level , and committed each of the instant crimes under the influence of alcohol level 0.16% under the influence of alcohol level . In particular, the Defendant committed each of the instant crimes under the influence of alcohol level 0.16%.

However, it seems that the defendant confessions and reflects the criminal facts, and that he/she was detained for about one month due to the crime of this case, and that he/she would not repeat the crime in the future.

In full view of the following circumstances: (a) disposing of the vehicle that was driven and driven; (b) the minor son’s two children and the parents must support her parents; and (c) the Defendant’s age, environment, sex, motive for committing the crime; and (d) the circumstances before and after committing the crime; and (b) the sentence of the lower court is somewhat light.

Even if it is not so unfair that it should be destroyed.

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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