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(영문) 춘천지방법원 강릉지원 2014.02.20 2013노643

도로교통법위반(음주측정거부)등

Text

The prosecutor's appeal is dismissed.

Reasons

The summary of the grounds for appeal (unfair punishment) of the lower court's sentencing (one year of imprisonment and three years of suspended execution) is deemed to be too uneasy and unfair.

However, while being tried as a crime No. 1 in the judgment of the court below, the second crime was committed without being aware of it, and some of the crimes was denied due to a defense that was difficult to obtain at the court below, and there is an unfavorable circumstance to the defendant.

However, considering the fact that there is no record of punishment for the same kind of crime except for a fine imposed once in 2009 for a drunk driving in 2009, elderly and health are not good, the fact that the latter recognizes and reflects a mistake late and later, and all other circumstances that form the conditions for the sentencing specified in the instant case, the lower court’s sentencing cannot be deemed unfair because it is too uneasible.

Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.