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(영문) 창원지방법원 2014.06.26 2014노257
도로교통법위반(음주운전)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal not only has the past history of having been punished several times due to the violation of the Road Traffic Act (one time of the suspended sentence of imprisonment and three times of fines), but also, in light of the fact that the defendant was sentenced to two years of the suspended sentence on July 10, 2013 and the judgment became final and conclusive on July 10, 2013, and again repeated the instant crime, it is unfair that the sentence (a fine of ten million won) imposed by the court below is too unreasonable.

2. Taking into account the circumstances alleged by the judgment prosecutor, the following circumstances are considered: (a) the defendant confessions and reflects the defendant; (b) the distance of the defendant's driving is relatively short and does not cause traffic accidents; (c) the defendant is at the location to support the parent-child with physical disability Grade 2; (d) the defendant does not repeat the crime in the future; (c) two times of fines among the criminal records of the same kind of punishment are prior to 2006; (d) other defendant's character, conduct and environment; and (e) the background and consequence of the crime in this case; and (e) the circumstances after the crime, etc., which are conditions for sentencing as shown in the records and arguments. As such, the prosecutor's above assertion is without merit.

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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