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(영문) 수원지방법원 2013.11.28 2013노3942

도로교통법위반(음주운전)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The public prosecutor's assertion of unfair sentencing constitutes a case where the Road Traffic Act is severely punished by the defendant, even though the defendant was punished twice or more due to drinking driving, and the defendant was sentenced to a suspended sentence of eight months on March 8, 2012 due to driving without obtaining a license, and the defendant committed each of the instant crimes during the grace period. The defendant's act is against the defendant's disadvantage, or the defendant committed each of the instant crimes during the grace period of three months. The non-licensed driving without a license in this case is against the defendant's depth through the defendant's living under confinement for about three months. The point of the instant non-licensed driving without a license in this case seems to have been stopped on the road when the substitute driver stops and stops on the road while driving the vehicle, even before the end of the lane where the defendant tried to move the other vehicle to the driver's seat, and there are circumstances to be considered in the situation, and thus, the defendant's age, character and behavior, circumstances, circumstances leading to the crime, etc., and the records and circumstances before and after the crime are considered (Article 800).

2. 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.