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(영문) 창원지방법원 2014.08.14 2014노701
도로교통법위반(음주운전)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the defendant has been punished twice by the crime of violation of the Road Traffic Act (driving under the influence of sound driving) and the crime of violation of the Road Traffic Act (driving under the influence of a license) (one time a suspended sentence of imprisonment), and in particular, the defendant was sentenced to a suspended sentence for six months by the Changwon District Court on August 13, 2013, for the crime of violation of the Road Traffic Act (driving under the influence of a license without a license) and the crime of violation of the Road Traffic Act (driving under the influence of a license without a license) at the Changwon District Court on June 13, 2013, and again repeats the license for driving under the influence of alcohol of this case even though the said judgment became final and conclusive around that time during the suspended sentence period, it is unfair

2. Taking into account the circumstances alleged by the Prosecutor, considering the following circumstances, the Defendant’s mistake is deeply divided and rebuttaled, the Defendant’s driving without a license for drinking alcohol of this case does not cause an accident due to the Defendant, the Defendant has no other criminal records other than those mentioned above, and the Defendant does not repeat again; the Defendant’s character, conduct and environment of the Defendant, the background and consequence of each of the instant crimes, and the circumstances after the crime, etc., and the sentencing conditions specified in the records and arguments, the sentence imposed by the lower court cannot be deemed unreasonable. Thus, the Prosecutor’s aforementioned 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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