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(영문) 창원지방법원 2020.12.17 2020노1652
도로교통법위반(음주운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (one year and six months of imprisonment, three years of suspended execution, two hundred hours of community service order, and forty hours of order to attend a compliance driving lecture) that the court below sentenced is too uneasy and unreasonable.

2. The judgment of the Defendant, even though he had been punished three times, including the suspension of the execution of imprisonment with prison labor due to a drunk driving, is driving at a considerable distance of time, and the nature of the crime is not less severe.

However, considering the following as a whole: (a) the Defendant recognized the Defendant’s mistake and reflects; (b) the end drinking driving of the previous drinking year was in 2014; and (c) the Defendant’s age, character and conduct, motive and background of the crime, blood alcohol level, driving distance, and circumstances after the crime, the lower court’s sentencing appears to have been conducted within the reasonable scope of discretion by comprehensively taking into account all the sentencing conditions specified in the argument, and there is no special change in circumstances that could change the sentencing of the lower court, and thus, it cannot be said that the sentence of the lower court is unreasonable because it is too unreasonable.

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 as it is without merit. It is so decided as per Disposition.

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