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(영문) 창원지방법원 2017.11.30 2017노2684
도로교통법위반(음주운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence (five million won in penalty) imposed by the court below on the defendant is too unhued and unfair.

2. There is a disadvantage to the defendant, such as the fact that the defendant has been sentenced to a fine once due to driving without a license, and that the defendant's blood alcohol concentration in the blood was considerably high by 0.247% at the time.

However, in full view of the following circumstances: (a) the Defendant recognized and reflected the Defendant’s crime; (b) the distance of the Defendant’s driving is 300 meters; (c) the Defendant was punished outside of the scope of punishment due to the Defendant’s driving without a license; and (d) the Defendant’s age, environment, sex, circumstances before and after the commission of the crime; and (e) other various circumstances that are conditions for sentencing specified in the instant records and arguments, such as the circumstances before and after the commission of the crime, it is not recognized that the sentence

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

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