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(영문) 창원지방법원 2016.04.14 2015노2905
도로교통법위반(음주운전)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the sentence imposed by the lower court on the Defendant (one year of imprisonment, two years of suspended sentence, two years of probation, observation of protection, community service, 120 hours, and 40 hours of lectures of compliance driving) is too uneasible and unfair.

2. Determination of the Defendant committed each of the instant crimes even though the Defendant had been punished for driving without a license. In particular, the Defendant was punished by a fine of KRW 8 million on September 1, 2015 among each of the instant crimes, on December 23, 2014, on the ground that driving without a license for driving without a license for driving without a license for driving without a license for driving without a license, and on November 16, 2014, the Defendant was under the control of driving without a license for driving with a license for driving without a license for driving without a license on drinking on June 25, 2015, and again repeated the instant crime due to a few months after the instant prosecution was instituted on June 25, 2015.

However, in full view of the following circumstances: (a) the Defendant led to the confession of the facts constituting an offense; (b) the Defendant did not cause a traffic accident; (c) the distance of the Defendant’s operation of the vehicle is relatively long; and (d) the Defendant’s age, environment, sex, motive for the commission of the offense; and (e) circumstances before and after the commission of the offense, etc., which are the conditions for sentencing specified in the instant records and pleadings, the lower court’s punishment cannot

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.

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