beta
(영문) 의정부지방법원 2015.02.06 2014노1860

도로교통법위반(음주운전)

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two years of suspended sentence for eight months of imprisonment, two years of probation, and one hundred and twenty hours of attending a law-abiding driving course) that the court below sentenced is unreasonable.

2. The judgment is based on the following circumstances: (a) the Defendant was sentenced one time to a fine due to drunk driving and one time to suspend the execution of imprisonment with prison labor; (b) on the other hand, the Defendant was led to confession and the Defendant’s blood alcohol concentration at the time of the instant crime; and (c) the Defendant’s age, character and behavior, environment, developments and details leading to the instant crime; and (d) the circumstances constituting the sentencing conditions indicated in the records, such as the circumstances after the instant crime, etc., it is not recognized that the sentence of the court below is too unjustifiable and unreasonable.

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.