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(영문) 인천지방법원 2013.07.05 2013노1116

도로교통법위반(음주운전)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two years of suspended sentence for eight months of imprisonment, eight hours of social service, and forty hours of attending a compliance driving course) that the court below sentenced is too unfasible and unfair.

2. Although the nature of the instant crime is not good, the Defendant’s previous punishment for driving without a drinking or non-licensed license is punished by a fine; the Defendant’s attending the law-abiding class and providing community service properly added to prevent recidivism; the Defendant reflects the instant crime; and the Defendant’s age, character and behavior, environment, motive and circumstance of the instant crime, means and result of the instant crime; and other circumstances that form the conditions for sentencing as indicated in the arguments and records, such as the Defendant’s age, character and behavior, environment, motive and circumstance of the instant crime, and consequences, the sentence imposed by the lower court is appropriate, and it is not determined unreasonable as it is too unab

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.