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(영문) 창원지방법원 2017.04.20 2016노2282
도로교통법위반(음주운전)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence (7 million won in penalty) imposed by the court below on the defendant is too unhutiled and unfair.

2. The fact that the defendant has been punished four times due to a non-licensed or non-licensed driving (three times a punishment, one time a suspended sentence), the defendant was sentenced to a suspended sentence of ten months due to drinking, non-licensed driving, etc., and the defendant was sentenced to a suspended sentence of two years during the suspended sentence of ten months, and was engaged in a non-licensed driving or non-licensed driving during the suspended sentence of two years, etc.,

On the other hand, there are extenuating circumstances, such as the fact that the defendant is recognized as committing a crime and reflects on the defendant's blood content at the time, that the defendant's blood content was not higher than 0.060%, that the defendant did not cause an accident, that the driving distance is short and the running car quantity was 49C, that the defendant should additionally return the suspended sentence for ten months after the suspended sentence is invalidated, and that it is somewhat harsh for the defendant to invalidate the suspended sentence in light of the circumstances of the crime in this case.

In full view of these circumstances and various circumstances, which are the conditions for sentencing as shown in the records and arguments of this case, it is not recognized that the sentence imposed by the court below is too uneasible and unfair.

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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