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(영문) 창원지방법원 2020.11.05 2020노1806
도로교통법위반(음주운전)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Each prosecutor appealed to the purport that the Defendant is too uneasible to the summary of the grounds for appeal (e.g., imprisonment with labor) by the lower court (e., six months), and that the Defendant is too uneasible.

2. We examine both the Defendant and prosecutor’s assertion of unfair sentencing.

The fact that the defendant had been punished seven times or more due to the previous unlicensed driving, the violation of the special rules of probation (not to drive a motor vehicle until obtaining a driver's license) on the probation period due to the previous unlicensed driving crime, and the crime of this case is committed, and the attitude of warning the legal order such as refusing to comply with the direction of probation officers during the probation period and receiving a warning during the probation period.

On the other hand, it is necessary to consider the fact that the defendant is old and healthy, that the blood alcohol concentration at the time of the operation of the case is relatively low and that there is no accident, and that there is no record of punishment due to drinking driving, etc. in favor of the defendant.

As above, the lower court appears to have determined the punishment within the reasonable scope of discretion by fully taking into account the favorable or unfavorable circumstances to the Defendant, and there is no special change in circumstances that could change the sentencing after the lower judgment.

In addition, examining the defendant's age, character and conduct, environment, circumstances after the crime, circumstances after the crime, and criminal records in the instant case and arguments, it is not deemed that the sentence of the court below against the defendant is too heavy or unreasonable.

3. The appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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