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(영문) 의정부지방법원 2017.10.23 2017노2207

도로교통법위반(음주운전)

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (amounting to KRW 10 million) is too uneasy and unreasonable.

2. The judgment requires that the defendant be punished by severe punishment in light of the criminal records of the same kind, the degree of alcohol concentration is high, and the risk of driving alcohol is high.

However, in full view of the following factors: (a) the Defendant recognized the Defendant’s mistake and reflects; (b) the Defendant’s criminal history of the same kind of crime was at intervals of time in 2008 and 2016; and (c) the motive and background leading up to the Defendant’s instant crime; (b) the circumstances after the Defendant committed the instant crime; (c) the Defendant’s age, sexual conduct, and environment, the sentence imposed by the lower court is too unfasible and unreasonable.

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.