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(영문) 창원지방법원 2021.01.07 2020노2586
도로교통법위반(음주측정거부)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (one year and six months of imprisonment and fine of 300,00 won) on the summary of the grounds of appeal is too unfased and unreasonable.

2. The Defendant had a record of having been punished several times, including the suspension of the execution of imprisonment and imprisonment for a crime related to violence, and driving under the influence of alcohol even though he/she had been punished twice due to drinking and non-licensed driving.

In a situation where there is a considerable reason to determine a person, a police officer's request for the measurement of drinking without justifiable grounds, and a police officer has refused such request and also driven a drinking.

Since then, the defendant committed a crime of larceny, damage to property and special intimidation against five victims in a short period, and even though his license was revoked due to drinking driving, the defendant was driving without a license. In light of the overall circumstances and results of the crime, it is not very good that the crime is committed.

However, when comprehensively considering all of the sentencing conditions in pleadings, such as the fact that the Defendant recognized all of the instant crimes in the trial at the trial, drinking and driving without a license, there is no record of punishment exceeding the fine, the victim X of special intimidation expressed the Defendant’s intention not to punish the Defendant at the investigation stage, the damage of property damage and partial larceny is not limited, and the Defendant’s age, sex, motive and background of the crime, means and consequence of the crime, and the circumstances after the crime, etc., the lower court’s sentencing appears to have been conducted within the reasonable scope of discretion by taking into account all of the sentencing conditions in the present case’s pleading, and there is no special change of circumstances that could change the sentencing of the lower court, and thus, it cannot be deemed unfair because the lower court’s punishment is too uneasible.

Therefore, the prosecutor's above assertion is without merit.

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

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