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(영문) 의정부지방법원 2015.03.20 2014노1103
도로교통법위반(음주운전)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable as it is too unfilled to the punishment of a fine of five million won imposed by the court below on the defendant.

2. The judgment is based on the following facts: the Defendant driven a car with no license under the influence of alcohol level of 0.126%; the Defendant is deemed to have driven a car with no license under the influence of alcohol level of 0.126%; in light of the circumstances and contents of the crime, the Defendant is not less and more likely to be subject to criticism, and the Defendant has been subject to punishment several times for the same kind of crime.

However, in full view of all other circumstances, including the Defendant’s age, character and conduct, intelligence and environment, motive and circumstance of the instant crime, means and result of the instant crime, circumstances after the instant crime, and family relationship, the sentence imposed by the lower court is deemed to be unreasonable and unreasonable, as it is deemed that the Defendant’s punishment imposed by the lower court is unreasonable and unreasonable. Thus, the Prosecutor’s assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed without pleading pursuant to Article 364 (5) of the Criminal Procedure Act, since it is obvious that the prosecutor's appeal is groundless. It is so decided as per Disposition.

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