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(영문) 창원지방법원 2014.05.22 2014노766
도로교통법위반(음주운전)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is as follows: (a) the Defendant had been punished several times due to the violation of the Road Traffic Act (one-time imprisonment, one-time suspension of the execution of imprisonment, one-time suspension of the execution of imprisonment, and four-time fines) or the violation of the Road Traffic Act (one-time imprisonment) in the past; and (b) the Defendant was sentenced to six months due to the violation of the Road Traffic Act at the Changwon District Court on October 26, 2012, and was sentenced to six months due to the violation of the Road Traffic Act (one-time imprisonment, one-time suspension of the execution of imprisonment, and four-time fines); (c) in light of the fact that the execution of the sentence was completed on April 25, 2013 and again repeats the instant crime; (d) the Defendant’s blood alcohol concentration (0.21%) is very high, it is unfair to deem

2. Taking into account the circumstances alleged by the prosecutor in the judgment, considering the following circumstances: (a) the Defendant confessions and reflects the Defendant; (b) the Defendant did not cause traffic accidents due to driving under the influence of alcohol in this case; (c) the Defendant does not repeat the offense; and (d) the Defendant is at the location of supporting his family; and (c) the character, conduct and environment of the Defendant; (d) the background and result of the instant crime; and (e) the circumstances after the instant crime, etc., which are conditions for sentencing as indicated in the records and arguments, the Prosecutor’s assertion is without merit

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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