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(영문) 의정부지방법원 2015.05.08 2015노352

도로교통법위반(음주운전)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the sentence imposed by the court below on the defendant (ten months of imprisonment, two years of suspended sentence, two years of probation, one hundred and twenty hours of community service order, and forty hours of order to attend a compliance driving lecture) is too unfford.

2. In light of the purpose and content of the crime, the crime of this case committed by the Defendant is deemed to be disadvantageous to the Defendant, including the fact that the crime of this case was not light of the nature of the crime, and that there was a record of punishment several times for the same kind of crime, and that the Defendant committed the crime of this case during the suspension of execution due to the same kind of crime.

However, in light of the following: (a) the Defendant made a statement that he/she made a confession of the crime of this case and reflects his/her depth; (b) the current state of health is not good; and (c) the court below rendered a suspended sentence of imprisonment by fully taking account of various circumstances of the Defendant; (b) there are no other circumstances to deem that the sentencing of the court below is significantly unfair; (c) the Defendant’s age, character, conduct, intelligence and environment; (d) the motive and background, driving distance, means and consequence of the instant crime; and (e) other various circumstances that are conditions for the sentencing of this case, including the Defendant’s age, character, character, intelligence and environment; and (e) the driving distance, means and consequence of the instant crime, the circumstances after the crime was committed, criminal records, family relations, health conditions, etc., the sentence imposed by the court

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.