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(영문) 의정부지방법원 2015.01.07 2014노1273

도로교통법위반(음주운전)

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (hereinafter referred to as 6,00,000 won of fine) declared by the court below is too unhued and unreasonable.

2. The judgment of the defendant has already been punished twice as the same crime, and the blood alcohol content of the defendant at the time of the crime of this case is not lower than 0.192%, even though it is recognized that all of the crimes of this case are confessioned by the defendant, there is no history of punishment heavier than a suspended execution, the present vehicle driver's license is revoked, the distance of the vehicle driving under the influence of alcohol is less than 50 meters, and the vehicle accident is not caused by other traffic accidents. In addition, considering all of the sentencing conditions on the records of this case, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime of this case, etc., the punishment of the court below sentenced by the prosecutor is appropriate, and it is not unreasonable, and the prosecutor's above assertion is without merit.

3. Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.