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(영문) 창원지방법원 2014.02.13 2013노2157
도로교통법위반(음주운전)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal of this case is that each of the crimes of this case committed on May 8, 2013, even though the defendant was under summary judgment procedure due to driving without a license on December 26, 2012, the defendant is driving with or without a license on May 8, 2013, and the case is not less complicated than that of driving without a license on June 6, 2013. The defendant was punished for three-time driving after 1998 and four-timeless driving without a license, and the defendant has already been punished for one-time suspension of the execution of imprisonment due to a drunk driving and without a license. In light of the above, the sentence of imprisonment (two-year suspension of the execution of August, probation, community service order, 120 hours) imposed by the court below is too unreasonable.

2. Taking into account the circumstances alleged by the prosecutor in the judgment, the confession and reflect of the defendant, the location of the defendant to support his wife and his children, the defendant's total amount of six times of punishment due to drunk driving or unlicensed driving, the four times of which are past ten years, the defendant's failure to repeat the crime, and the probation ordered by the court below can expect the effect of the prevention of recidivism through the probation, and other circumstances, such as the character, conduct and environment of the defendant, the background and result of each of the crimes in this case, and the circumstances after the crime, etc., which are conditions for sentencing as shown in the records and arguments, are considered as inappropriate. Thus, the prosecutor's above assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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