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(영문) 창원지방법원 2020.03.26 2019노2578
도로교통법위반(음주운전)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Each prosecutor appealed to the effect that the Defendant’s punishment (six months of imprisonment) of the lower court is too unreasonable, with respect to the gist of the grounds for appeal, and that the prosecutor is too uneasible and unreasonable.

2. We examine both the defendant and prosecutor’s assertion of unreasonable sentencing.

The court below appears to have determined the punishment within the reasonable scope of discretion, taking full account of the circumstances favorable to the defendant and the unfavorable circumstances, and there is no special change in circumstances to change the sentencing after the decision of the court below.

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 and the various conditions of sentencing indicated in the pleading, it is not deemed that the sentence of the court below against the defendant is too heavy or unreasonable.

3. The appeal by the defendant and the prosecutor in conclusion is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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