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(영문) 창원지방법원 2017.09.21 2017노1736
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 court below on the defendant (six months of imprisonment and two years of suspended sentence) is too uneased and unfair.

2. Although the Defendant was subject to a fine twice due to driving without a license and twice due to driving without a license, the Defendant is disadvantageous to the Defendant, such as that he/she was driving without a license and driving without a license.

However, in full view of the following circumstances: (a) the Defendant recognized the Defendant’s crime; (b) the Defendant’s blood alcohol concentration level at the time was not high to 0.072%; (c) the driving distance was shorter than 300 meters; (d) the Defendant’s spouse and two minor children (one of them is a genetic disease) must support the Defendant’s spouse and two minor children (one of them is a genetic disease); (c) the Defendant has no criminal record of suspended execution or above; and (d) other circumstances that form the conditions of sentencing as indicated in the instant records and arguments, such as the Defendant’s age, environment, sex, criminal conduct, circumstances before and after the commission of the crime, etc., the sentence imposed by the lower court is not deemed unfair as it is too uneasible.

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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