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(영문) 수원지방법원 2013.12.26 2013노4269

도로교통법위반(음주운전)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The prosecutor's assertion of unfair sentencing by the defendant has been punished four times for the same kind of crime, and this case constitutes a case where the defendant under the Road Traffic Act is subject to heavy punishment by driving under the influence of alcohol twice or more times, and the defendant commits the crime of this case within the period of repeated application due to this type of crime, and the defendant committed the crime of this case within the period of repeated application, and the defendant was driving in front of an elementary school, which may cause a significant risk to the brupt of the vehicle. If the student flaged on the road, it goes against the defendant's disadvantage, or goes against the defendant's mistake in depth. Since the vehicle was scrapped after this case, the vehicle was scrapped after this case, there was no criminal conviction exceeding the fine, the defendant did not have any other criminal records for the same kind of crime, and all the conditions of punishment as shown in the records and arguments of this case, such as the defendant's age, character and behavior, family environment, circumstances of crime, and circumstances after the crime, it cannot be deemed unreasonable.

2. 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.