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(영문) 의정부지방법원 2014.05.02 2013노2635

도로교통법위반(음주운전)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a fine of five million won) declared by the lower court is too unhued and unreasonable.

2. The judgment of the court below has already been imposed three times as criminal acts of the same kind. The crime of this case is committed by the defendant at the Jung-gu District Court on September 17, 2013 at the time immediately after he was sentenced to one year of suspended sentence of six months due to the crime of violation of the Road Traffic Act and the crime of violation of the Road Traffic Act (free Driver's License). However, although the defendant has no one time of acquiring a driver's license, the defendant is led to the confession of the crime of this case, his mistake in depth, and the result of the traffic accident, etc. has not occurred due to the crime of this case. The defendant faithfully renders support to the living cost of relatives who are not good health while engaging in his occupation, and considering all other circumstances such as the defendant's age, character and behavior, occupation, circumstance and contents leading to the crime of this case, and circumstances after the crime, etc., the sentence of the court below is too unreasonable.

Therefore, prosecutor's 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 ground that it is without merit. It is so decided as per Disposition.