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(영문) 창원지방법원 2019.10.31 2019노1666
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment, 10 months of probation, 2 years of probation, 200 hours of community service, and 40 hours of lecture) that the court below sentenced is too unreasonable.

2. The appellate court’s judgment is reasonable to respect the sentencing condition in comparison with the first instance court where there is no change in the conditions of sentencing, and the sentencing of the first instance court is not beyond the reasonable scope of discretion.

The sentencing of the lower court appears to have determined the sentence in full consideration of the various favorable circumstances to the Defendant, and there is no special circumstance to change the sentencing after the lower judgment.

In particular, the Defendant asserts that the punishment imposed by the lower court is too heavy on the ground that the Defendant works for four construction sites, and that the punishment imposed by the lower court is too heavy, on the ground that the performance of community service order, etc. can not be performed due to the implementation of the community service order, etc. by other three lighting assistants.

However, considering various sentencing conditions, the lower court appears to have sentenced to a suspended sentence on the premise that the community service order, etc. is implemented. However, it is not impossible for the lower court to implement the order to the extent that it does not interfere with the livelihood, since the difficulty or inconvenience arising in the course of implementing the order may be borne by the Defendant, and the community service order, etc. may be implemented through weekends, holidays, etc.,

In addition, examining the defendant's age, character and conduct, environment, circumstances after the crime, circumstances after the crime, and the record of the crime in this case, it is not deemed that the sentence of the court below against the defendant is too unreasonable.

3. The defendant's appeal is without merit and thus dismissed pursuant to Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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