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(영문) 수원지방법원 2015.11.13 2015노4481

도로교통법위반(음주운전)

Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (7 million won of a fine) is too unhued and unreasonable.

2. In full view of the following circumstances: (a) the Defendant was punished for the same kind of crime several times; (b) the Defendant committed the instant crime during the suspension of execution, etc., which is disadvantageous to the Defendant; (c) the Defendant committed the instant crime while recognizing the Defendant’s commission of the crime; (d) the Defendant was not subject to the punishment exceeding the fine; and (e) the Defendant appears to have made efforts to avoid drunk driving, such as having a proxy driver and a person driving on behalf of the Defendant at the time of the instant crime; and (e) the Defendant’s age, character and conduct, environment, family relationship, conditions after the instant crime, etc., the lower court’s sentence is too unjustifiable and thus, is deemed unreasonable. Therefore, the Prosecutor’

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.