beta
(영문) 수원지방법원 2014.05.22 2013노6212

도로교통법위반(음주운전)

Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is unreasonable because the lower court’s punishment (one year of imprisonment, two years of suspended execution, 40 hours of compliance driving, community service work, 120 hours) is too unhued.

2. The judgment of the defendant has four times the history of punishment for the same kind of crime, and in 2010, the defendant again committed the crime of this case even though he was under a leave of suspension of execution with respect to the crime of drinking driving, etc., but he was under a leave of suspension of execution, etc., but again committed the crime of this case. However, when the defendant was sentenced to a sentence, he would not drive under the influence of drinking again, and the defendant's life and living would be difficult if he was sentenced to a sentence, and the defendant's age, character and behavior, environment, circumstances of the crime, and circumstances before and after the crime, etc., it cannot be deemed 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 on the ground that it is without merit. It is so decided as per Disposition.