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(영문) 창원지방법원 2016.12.22 2016노2574
도로교통법위반(음주운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant to the punishment (the imprisonment of eight months, the suspension of the execution of two years, and the participation in the compliance driving lecture) is too uncomfortable and unfair.

2. At the time of the instant crime, the Defendant’s blood alcohol concentration is very high to 0.173%, the Defendant committed the instant crime, even though he/she had been sentenced to a fine of KRW 1 million due to drunk driving in 2003, a fine of KRW 1.5 million due to a drunk driving in 2007, a fine of KRW 1.5 million due to a drunk driving in 2008, and a fine of KRW 5 million due to a drunk driving in 2008, and was sentenced to a suspended sentence of April in 200 and a fine of KRW 5 million due to a drunk driving in 20

However, in full view of the following circumstances: (a) the Defendant led to the confession of the facts constituting an offense; (b) the Defendant did not cause a traffic accident; (c) disposed of the vehicle after the instant crime; and and (d) other circumstances that form the conditions for sentencing specified in the instant records and pleadings, such as the Defendant’s age, environment, character and conduct, motive for committing an offense, and circumstances before and after the instant crime, it may be deemed that the lower court’s punishment may be somewhat light, but it cannot be deemed unreasonable

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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