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(영문) 창원지방법원 2015.08.13 2015노1092
도로교통법위반(음주운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentencing of the lower court (ten months of imprisonment, two years of suspended sentence, 40 hours of community service, and 40 hours of compliance driving) is deemed to be too uneasible and unfair.

2. In light of the fact that the Defendant was punished more than six times on the ground of his refusal to drive alcohol or to take measurements of alcohol, and that the Defendant again committed the instant crime even though he had the history of being sentenced to a suspended sentence, and that the blood alcohol level at the time of driving of the instant case is very high to 0.201%, and that the instant accident was caused by the dangerous accident involving drones beyond the central line, there is a need to punish the Defendant significantly.

However, in full view of the following factors: (a) the accident paid by the Defendant did not inflict damage on other vehicles; (b) the Defendant suffered serious injury requiring medical treatment for about 12 weeks due to an accident; (c) the Defendant was scrapped; (d) the Defendant was in profoundly against and driven by the Defendant; and (e) the two children should be supported; and (e) other conditions of sentencing specified in pleadings, such as the Defendant’s age, character and conduct, and environment, it is difficult to view that the lower court’s failure to execute the sentence only once against the Defendant for a ten-month sentence and imposing the attending a community service and compliance driving beyond reasonable scope, and thus

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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