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(영문) 창원지방법원 2016.01.28 2015노2579
도로교통법위반(음주운전)등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The gist of the grounds for appeal is that the defendant is too uneasible to the punishment sentenced by the lower court (ten months of imprisonment), and that the prosecutor is too uneasy and unfair.

2. The judgment is a favorable condition to the defendant that the defendant led to the confession and reflect of each of the crimes in this case, the distance from drinking and driving without a license is not clear, and that the defendant suffered in order to scrap the defendant's driver's vehicle.

On the other hand, in this case, in order to be exempted from punishment after the defendant was discovered by drinking and driving without a license, the case is more serious than ordinary drinking and driving without a license, such as forging and using a private document using another person's personal information, causing interference to the exercise of public authority, etc., and the degree of alcohol in blood at the time of driving under the influence of alcohol is 0.124% higher, and the defendant has many criminal records of the same kind of crime in drinking and driving without a license, and is disadvantageous to the defendant. In full view of all other circumstances, the court below's punishment is too heavy or unfair, taking into account the following circumstances, such as the defendant's age, environment, sexual behavior, motive for the crime, circumstance before and after the crime, etc.

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

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