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(영문) 수원지방법원 2018.12.05 2018노6361

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 (six months of imprisonment) is too unhued and unreasonable.

2. The fact that the Defendant committed the instant crime during the period of the suspension of the execution of imprisonment with labor, even though there were several punishment records for the same type of crime, is disadvantageous to the Defendant, but it is difficult to view that the lower court’s punishment is too unreasonable in full view of the factors favorable to the Defendant, such as the Defendant’s occupation, health, family relation, age, sexual conduct, environment, motive and circumstance of the crime, method and consequence of the crime, and the circumstances before and after the crime, etc., such as the circumstance unfavorable to the Defendant, the Defendant’s reflects the criminal act, and the fact that there is clear social relation, such as the Defendant’s desire to support the Defendant, and the family relation

Therefore, the prosecutor's above assertion is without merit.

3. In conclusion, 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.