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(영문) 춘천지방법원 2014.12.10 2014노216

도로교통법위반(음주측정거부)

Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence of the court below (two years of suspended execution in six months of imprisonment, and ninety hours of community service order) is too unhued and unreasonable.

2. The judgment of the defendant has several criminal records of the same kind, but there are unfavorable circumstances such as the defendant's convictions, on the other hand, the defendant recognized his mistakes and reflects against the defendant's intention to prevent recidivism after scrapping of running car after the case, the defendant's detention entails excessive difficulty to his dependants, and in light of the motive and circumstance leading up to the crime of this case, the defendant's motive and circumstance leading up to the crime of this case, the situation leading up to the crime of this case, the defendant's age, character, conduct and environment, and other various sentencing conditions indicated in the records, such as the defendant's age, character and environment. Thus, 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 as it is without merit. It is so decided as per Disposition.