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(영문) 창원지방법원 2017.07.06 2017노57
도로교통법위반(음주운전)등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentence (one year of imprisonment, two years of suspended sentence, 80 hours of community service, and 40 hours of compulsory driving) imposed on the Defendant, and in particular, the part of the community service order and the lecture order for compliance driving is too unreasonable in light of the present situation of the Defendant.

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

2. In full view of the favorable circumstances such as the Defendant’s recognition of all the crimes, reflects, and prevents recidivism, and there is no reason to suspend the execution, and the Defendant’s personal history of drinking or unlicensed driving, etc. (4 times a punishment penalty, once a sentence is imposed) but has been sentenced five times or more due to drinking or unlicensed driving, etc. (4 times a sentence), and the Defendant’s personal alcohol concentration level at the time of the Defendant’s blood was high by 0.156%, and other circumstances, which are the conditions for sentencing specified in the instant records and arguments, such as the Defendant’s age, environment, sexual behavior, circumstances leading to the crime, and conditions before and after the crime, it is not recognized that the sentence imposed by the lower court is too heavy or unreasonable.

Meanwhile, the Defendant sought a reduction or exemption from community service hours and lecture hours, but in light of the Defendant’s past record and the nature of the instant crime, etc., the Defendant needs to have an opportunity to reflect his/her behavior and recover his/her sense of social responsibility through community service. Although the community service order and the lecture order for 80 hours and 40 hours may somewhat obstruct the Defendant’s living, the Defendant appears to be able to fully implement the order within the extent that does not interfere with the Defendant’s living through consultation with the protective observation office after the conclusion of the judgment, and there is no special change in circumstances for reduction or exemption.

3. As such, the appeal by the defendant and the prosecutor is without merit. Thus, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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