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(영문) 서울서부지방법원 2014.05.29 2014노109
도로교통법위반(음주운전)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (five million won of a fine) of the lower court is deemed unreasonable.

2. In light of the fact that the Defendant had already been subject to punishment for the same kind of crime, in particular, after having been sentenced to punishment for the same kind of crime and the execution of punishment for the same kind of crime has been completed, and that the Defendant repeats the same kind of crime within the repeated crime period, the Defendant should be punished strictly. However, the Defendant is detained in the instant case for about two months, and the circumstances leading to the instant driving have been taken into account, and there is no accident, and the circumstances leading up to the instant driving, and all of the sentencing conditions specified in the records and arguments have been taken into account, such as the circumstance and consequence of the instant crime, etc., the lower court’s sentence cannot be deemed unreasonable.

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

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