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(영문) 창원지방법원 2020.07.23 2020노187
도로교통법위반(음주운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a fine of six million won) declared by the court below is too unhued and unreasonable.

2. The judgment of the defendant is an unfavorable condition to the defendant that the defendant had been punished for drinking driving in 2010, and that he/she has been driving at once.

However, in full view of the following factors: (a) the Defendant recognized his mistake and reflects; (b) the Defendant was punished once as a fine due to drunk driving; and (c) the Defendant did not have any specific penal power other than the Defendant’s age, character and conduct; (b) the motive of the crime; (c) the blood alcohol level; (d) the driving distance; and (e) the circumstances after the crime, etc., the sentencing of the lower court appears to have been conducted within the reasonable scope of discretion by taking into account all the factors of sentencing specified in the present pleadings; and (e) there was no special change in circumstances that could change the sentencing of the lower court, and thus, it cannot

Therefore, the prosecutor's above assertion is without merit.

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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