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(영문) 창원지방법원 2018.02.08 2017노3540
도로교통법위반(음주운전)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below rendered by the defendant is too unhued and unfair.

2. There is a disadvantage to the defendant, such as the fact that the defendant was sentenced twice to a fine due to drinking, that there was a history of being sentenced to a one-time suspended sentence, that the defendant was driving the pertinent drinking or non-licensed driving during the period of suspended sentence, and that the defendant's blood alcohol concentration in the blood was 0.103% higher;

However, in full view of the following circumstances: (a) the Defendant recognized the offense; (b) the Defendant scrapped the vehicle driven by the Defendant, scrapped the vehicle for which the Defendant had driven, and receiving treatment for alcohol ozone; (c) the Defendant did not have any record of punishment other than the above drinking alcohol driving; and (d) other various circumstances, including the Defendant’s age, environment, sexual conduct, circumstances before and after the commission of the offense; and (e) the conditions for sentencing as shown in the records and arguments, such as the circumstances before and after the commission of

Even if it is not so unfair that it should be destroyed.

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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