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(영문) 창원지방법원 2016.08.18 2016노1438
도로교통법위반(음주운전)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 lower court on the Defendant (six months of imprisonment, two years of suspended execution, and forty hours of lecture in compliance driving) is too uneasible and unfair.

2. The judgment of the Defendant, even though he had been punished by a fine of 2 million won in 2002, a fine of 700,000 won in 2010, and a fine of 3 million won in 2015 due to driving under drinking, committed the instant crime again. At the time of the instant crime, the Defendant’s blood alcohol concentration at the time of the instant crime is very high to 0.157%, and the Defendant committed an accident that shocks four parked cars, is disadvantageous to the Defendant.

However, in full view of the following circumstances: (a) the Defendant led to confession of and reflect on the facts constituting a crime; (b) there is no record of punishment exceeding the fine for the same kind of crime; and (c) other circumstances that form the conditions for sentencing as shown in the records and pleadings of the instant case, such as the Defendant’s age, environment, sex, motive for committing a crime, and the circumstances before and after committing a crime, 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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