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(영문) 창원지방법원 2016.02.18 2015노2333
도로교통법위반(음주운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentencing of the lower court (the imprisonment of eight months, the suspension of the execution of two years, and the community service hours of eight hours) is deemed to be too uneasy and unfair.

2. Although the Defendant had been subject to punishment four times, including a suspended sentence on one occasion due to drinking driving, once again driven the instant drinking, and the blood alcohol level is 0.129% high, there are unfavorable circumstances to the Defendant. However, considering the fact that the Defendant’s previous conviction for driving alcohol was 2010 years, economic circumstances are difficult, and the Defendant’s age, sex, environment, circumstances, and result of the crime, etc., the sentencing of the lower court cannot be deemed unfair as it is too unaffortuous, considering the sentencing conditions indicated in the pleadings, such as the Defendant’s age, sex, environment, circumstances, and consequence, etc.

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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