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(영문) 서울고등법원 2013.05.30 2013노534
도로교통법위반(음주운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (limited to six months of imprisonment, two years of suspended sentence, two years of probation, community service, 120 hours of probation, 40 hours of compliance driving lectures) that the court below made is too uneasible and unfair.

2. In light of the purport of the amended Road Traffic Act that attempts to strengthen the punishment by taking into account the fact that the defendant had three times the history of punishment for drunk driving, and that the defendant was punished for two years of suspended sentence in the six months of imprisonment, and that the defendant again committed the instant crime, and that there is a need for strict punishment in light of the risk of drunk driving and the social harm, etc. of the same, it is an unfavorable sentencing condition against the defendant.

Meanwhile, in full view of the following factors: (a) the Defendant reflects the mistake; (b) there is no record of punishment for drunk driving after 2009; (c) the Defendant’s home condition and other various sentencing conditions, including the Defendant’s age, character and conduct; (d) the background of the instant crime; and (e) the circumstances after the commission of the crime, etc., the sentence of the lower court cannot be deemed to be unfair because

Therefore, prosecutor's assertion is without merit.

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

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