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(영문) 수원지방법원 2014.11.17 2014노4209
도로교통법위반(음주운전)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (two-month imprisonment, two-year suspended sentence, two-year probation, and forty-hour probation order) is too uneased and unreasonable;

2. In full view of the following factors: (a) the Defendant’s misjudgments the Defendant’s mistake in depth and would not repeat again; (b) the Defendant has no record of punishment exceeding the fine for the last ten years; (c) the Defendant has a child to support the Defendant; and (d) the Defendant’s age, character and conduct, environment, motive and circumstances leading to the instant crime; and (b) other factors of sentencing as indicated in the instant argument, including the motive and circumstance leading to the instant crime; and (c) the circumstances before and after the instant crime, the lower court’s punishment is deemed unreasonable, even if considering that the Defendant could have a criminal power for the same crime

3. 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.

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