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(영문) 창원지방법원 2019.03.28 2018노2770
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for one year and six months, a suspended sentence for two years, an order to attend a compliance driving lecture for 40 hours, and an order to provide community service for 80 hours) imposed by the court below is too unreasonable.

2. The lower court’s sentencing appears to have been determined by fully considering the various favorable circumstances for the Defendant, and there is no special change in circumstances that could change the sentencing after the lower judgment.

Even if the Defendant has worked as a public official for 27 years, and considering the circumstances that there are dependents, such as the parents of the elderly, the lower court’s sentence against the Defendant is too unreasonable in light of the following factors: (a) the background of the instant crime, the circumstances after the instant crime, the criminal records after the Defendant’s crime (the Defendant has three identical criminal records in total, and, in particular, the Defendant’s deprivation of his public official position in the criminal case due to drinking driving, etc. in the past 2017, has not been sentenced to a fine for one year since he was sentenced to a fine; and (b) the Defendant’s age, character and behavior, and environment, etc.; and (c) other circumstances that are conditions for

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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