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(영문) 창원지방법원 2015.09.24 2015노1776
도로교통법위반(음주운전)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal asserts that the punishment imposed by the court below (six months of imprisonment) is too unreasonable, and the prosecutor asserts that the punishment imposed by the court below is too uneasible and unreasonable.

2. It is inevitable to sentence the accused to a sentence, considering the fact that the accused has already been punished several times due to drinking driving and driving without a license, during the period of probation due to drinking driving, it is inevitable to sentence him/her to a sentence.

However, the defendant has been divided in depth and operated by mistake, and the vehicle has been disposed of, and the baby is growing as a high school student, while it is difficult for the person with hearing disability to economic situation.

In the case of this case, if imprisonment with prison labor is finalized, imprisonment with prison labor, the suspended execution of which is invalidated before the sentence is also invalidated, shall also be serving.

In light of these circumstances and other circumstances, the Defendant’s age, character and conduct, environment, background and consequence of the crime, and the conditions of sentencing as indicated in the pleadings, such as circumstances after the crime, etc., the sentence imposed by the lower court is too heavy or unreasonable, and thus, the Defendant and the prosecutor’s assertion of unfair sentencing is not accepted.

3. In conclusion, the appeal filed by the defendant and the prosecutor is dismissed as it is without merit. It is so decided as per Disposition.

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