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(영문) 창원지방법원 2020.06.04 2020노607
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) imposed by the lower court is too unreasonable.

2. The circumstances favorable to the defendant are as follows: (a) the defendant reflects the mistake; (b) the parents and children of the aged who need to be considered; and (c) the disposal of the vehicle and the disposal of the vehicle to not repeat the crime.

However, after the period of probation has commenced for the same crime, the Defendant violated the matters to be observed on probation only one month, and operated the same vehicle to commit the instant crime.

As above, the lower court appears to have determined the punishment within the reasonable scope of discretion by fully taking into account the favorable or unfavorable circumstances to the Defendant, and there is no special change in circumstances that could change the sentencing after the lower judgment.

In addition, examining the defendant's age, character and conduct, environment, circumstances after the crime, circumstances after the crime, criminal records, and various conditions of sentencing specified in the records and pleadings of 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 dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit. It is so decided as per Disposition.

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