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(영문) 창원지방법원 2014.10.10 2014노1552
도로교통법위반(음주운전)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the defendant drives a vehicle while under the influence of alcohol 0.205% without a driver's license and the case is not less and the defendant has been punished several times due to drunk driving and without a driver's license (two times a suspended sentence of imprisonment, two times a suspended sentence of imprisonment, and four times a fine) in the past, and the defendant is serving for a driver's license without a driver's license in the instant case. In light of the above, the sentence of imprisonment (two years a suspended sentence of imprisonment, two years a probation, a community service order of 120 hours, and 40 hours an order to attend a compliance driving) sentenced by the court below is unreasonable.

2. Taking into account the circumstances alleged by the prosecutor in the judgment, the following circumstances are considered: (a) the Defendant is led to confession and reflect; (b) the Defendant was not involved in the instant accident due to driving of the Defendant; (c) the Defendant was punished six times in total due to drinking and unlicensed driving; (d) the Defendant was 2004 prior to his previous year; (c) the Defendant did not repeat again; (d) the Defendant may expect the effect of recidivism through probation, community service and attending lecture, which the lower court ordered the Defendant, while issuing a suspended sentence of imprisonment, along with the probation, community service and attending lecture; (e) the Defendant’s character and behavior and environment; (e) the background and consequence of the instant crime; and (e) the circumstances after the crime, etc., which are the conditions for sentencing as shown in the pleadings, the Prosecutor’s above assertion is unreasonable

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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