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(영문) 인천지방법원 2013.12.20 2013노2964

도로교통법위반(음주운전)등

Text

The prosecutor's appeal is dismissed.

Reasons

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

2. The judgment of the court below has high drinking value and three times the defendant was punished for the same crime. However, the defendant recognized and reflects the crime, the occupation is clear and social ties, the defendant's refusal to repeat the crime is shown to undergo a mental and medical treatment, such as pharmacologic to refrain from drinking, etc., and there is no punishment exceeding a fine, the court below's sentence against the defendant seems to have been determined by fully considering the above various circumstances, and there is no change of circumstances that may differ from the judgment of the court below and the punishment of the defendant, and considering all other circumstances that form the conditions for sentencing as shown in the arguments and records of this case, such as the defendant's age, character and behavior, environment, and circumstances after the crime, etc., the prosecutor's assertion is not acceptable since the sentence imposed by the court below is too uneasible.

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.