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(영문) 창원지방법원 2013.07.04 2013노654
도로교통법위반(음주운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the fact that the summary of the grounds for appeal issued a summary order of KRW 5 million, which is the lowest statutory penalty, to the defendant, the defendant has been punished several times in the past due to the same or similar criminal as the crime of this case, the violation of the Road Traffic Act (one time a suspended sentence of imprisonment, four times a fine) and the violation of the Road Traffic Act (one time a suspended sentence of imprisonment), the defendant seems to have high risk of recidivism, and the blood alcohol concentration of the defendant at the time of the crime of this case is relatively high to 0.201%, it is unfair for the court below to view that the punishment (three million won a fine) imposed by the defendant is too uneasible.

2. Taking into account the circumstances alleged by the Prosecutor, considering the following circumstances, the Defendant is led to confession and reflect, the Defendant is in a position to support the aged in the face of a disease, and other circumstances that form the conditions of sentencing as shown in the records and arguments, such as the character, conduct and environment of the Defendant, etc., the lower court’s sentence is deemed unreasonable, and thus, the Prosecutor’s allegation above 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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