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(영문) 서울중앙지방법원 2013.11.28 2013노3544
도로교통법위반(음주운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (fines 8,00,000) is too unhued and unreasonable.

2. In light of the fact that the Defendant’s blood alcohol content at the time of the instant case was considerably high, and that the Defendant was sentenced to a fine from 2007 to 2012 due to a violation of the Road Traffic Act (driving) and three times, etc., the Defendant’s strict punishment should be imposed. However, the Defendant’s vehicle operation is relatively short, and the distance of the Defendant’s vehicle operation is relatively short, and is in operation in the parking lot, there are other circumstances considering the Defendant’s age, character, conduct, environment and other sentencing conditions, it cannot be said that the lower court’s punishment is too 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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