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(영문) 창원지방법원 2017.05.25 2016노3472
도로교통법위반(무면허운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence (3 million won in penalty) declared by the court below on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.

2. On June 11, 2015, the Changwon District Court sentenced the Defendant to the suspension of the execution of imprisonment for six months due to drinking on three occasions due to drinking or non-licensed driving, and sentenced the Defendant to the suspension of the execution on six months due to drinking, and sentenced the Defendant to the suspension of the execution on June 19, 2015, which became final and conclusive on June 19, 2015, and committed the instant crime, which is disadvantageous to the Defendant.

However, in full view of the following circumstances: (a) the Defendant confessions and reflects the criminal facts; (b) the alcohol level of the Defendant’s blood during the period of the aforementioned suspension of execution was relatively lower than 0.05% due to a simple drinking; (c) the Defendant’s blood alcohol level at the time of the said suspension of execution was sold; (d) the Defendant did not repeat the crime; (e) the Defendant’s family and branch members are leading the Defendant; and (e) the Defendant’s family and branch members want to take the lead; and (e) if the Defendant’s imprisonment is sentenced, the suspended sentence as seen earlier is invalidated; and (e) the Defendant is deemed to have to have to live an additional detention for six months; and (e) the invalidation of the sentence is somewhat harsh in light of the following factors: the Defendant’s age, environment, sex, motive for the crime; and (e) the circumstances before and after the crime was committed. In full view of all other various circumstances,

Even if it is not so unfair that it should be destroyed.

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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