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(영문) 수원지방법원 2014.09.15 2014노3775
도로교통법위반(음주운전)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the lower court’s punishment (two months of imprisonment, two years of suspended execution, forty hours of an order to attend a law-abiding lecture, and 120 hours of community service order) is too unfford.

2. In full view of the following factors: (a) the Defendant is deemed to have committed a second offense against his/her mistake in depth and again; (b) there is no criminal history to impose a fine exceeding the Defendant; and (c) the Defendant’s age, character and conduct, environment, motive and circumstances leading to the instant crime; and (d) all the sentencing conditions specified in the instant argument, such as the circumstances before and after the instant crime, etc., even if considering that the Defendant could have a criminal power for the same kind of crime, the lower court’s punishment is deemed unreasonable.

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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