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(영문) 제주지방법원 2014.09.04 2013노589

도로교통법위반(음주운전)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (two years of suspended execution in August and one hundred and twenty hours of community service in 120 hours of imprisonment) is too unhued and unreasonable;

2. The judgment is recognized that the Defendant committed the instant crime of the same kind in spite of the fact that the Defendant had been punished twice due to drunk driving and twice without a license, and that the Defendant’s blood alcohol concentration at the time was considerably high by 0.167%, etc., but the Defendant recognized the instant crime and went against his mistake, and the distance of drinking and driving without license is not 100 meters, and the Defendant again does not drive the instant vehicle by scrapping the instant vehicle, etc.; the Defendant supports the wife and two children; the Defendant supports the Defendant’s age, character and character, environment, circumstances before and after the instant crime, etc., it cannot be deemed that the Defendant’s sentence against the Defendant is unreasonable by taking full account of various circumstances, including the sentencing conditions indicated in the instant argument, such as the Defendant’s age, character and behavior, and conditions before and after the instant crime.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.