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(영문) 창원지방법원 2017.11.23 2017노1610
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (eight months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The Defendant was sentenced to a suspended sentence of six months on December 16, 2015 and was sentenced to a suspended sentence of six months on December 24, 201, while the judgment became final and conclusive, the Defendant committed the instant crime during the suspended sentence of four months from the date of the Defendant’s death, and committed the instant crime while being sentenced to a fine for driving without the license in the first place during the suspended sentence of four months from the date of the Defendant’s death, and there were no special circumstances or changes in circumstances that may newly consider the Defendant’s age, environment, sex, motive for committing the instant crime, and circumstances before and after the Defendant’s death. However, the lower court’s punishment cannot be deemed to have been too unfair in full view of the following circumstances: (a) the Defendant was sentenced to a suspended sentence of six months on December 16, 2015; and (b) the Defendant committed the instant crime during the suspended sentence of three months from the date of the Defendant’s death; and (c) there were no other special circumstances or changes in circumstances that may newly consider in the Defendant’s age.

3. As such, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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