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(영문) 창원지방법원 2020.06.11 2019노2288
도로교통법위반(음주측정거부)등
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment (one million won of a fine) imposed by the lower court is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. The judgment is the circumstances favorable to the defendant that the defendant repents his wrong and reflects his fault by disposing of the motor device bicycle, etc., and that the elderly and health conditions are not good.

However, in full view of the fact that the defendant has been punished several times for the same crime, in particular, even though he was sentenced to the suspension of the execution of imprisonment for the same crime and was under the control of drinking and driving without a license, the crime of this case has not been committed. In addition, comprehensively taking into account the defendant's age, character and behavior, environment, motive, means and consequence of the crime, the sentencing of the court below appears to have been conducted within the reasonable scope of discretion by taking into account all the sentencing conditions specified in the arguments, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, and circumstances after the crime, etc., and there is no special change in circumstances that could change the sentencing of the court below, so it cannot

Therefore, the above argument by the defendant and the prosecutor is without merit.

3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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