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(영문) 서울남부지방법원 2014.01.09 2013노1785

도로교통법위반(음주운전)등

Text

The prosecutor's appeal is dismissed.

Reasons

The gist of the reasons for appeal by the prosecutor is that the punishment of the court below (8 million won of fine) is too unfasible and unfair.

The defendant had been punished for the same kind of crime three times, and in particular, during the period of probation, he again committed the crime of this case, the defendant was driving with blood alcohol concentration of 0.150%, and the defendant seems to have been driving without a license from time to time prior to the crime of this case is disadvantageous to the defendant.

However, given the fact that the distance driven by the Defendant was a relatively short distance of 100 meters, the Defendant’s mistake is against the depth of the Defendant, and the Defendant’s wife and two children should be supported by his wife, in addition to the Defendant’s most dead and the Defendant’s wife and two children, and the Defendant should also raise children living alone or provide them with economic assistance. Considering the various sentencing conditions as shown in the argument of the instant case, such as the method of the instant crime, the background of the crime, and the circumstances after the crime, the lower judgment’s punishment is too unreasonable, and thus, the Prosecutor’s assertion is without merit.

Therefore, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.