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(영문) 수원지방법원 2017.08.23 2017노520
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 (five million won in penalty) is too unhued and unreasonable.

2. In light of the fact that the Defendant’s blood alcohol concentration is very high and actually driven a considerable distance of alcohol, and the Defendant was sentenced to a fine of the same kind in 2014, it is necessary to punish the Defendant significantly.

However, in full view of the following facts: (a) the Defendant’s mistake is against the Defendant and there is no record of criminal punishment other than the above previous conviction; and (b) the circumstances of the instant crime, the circumstances following the instant crime, the age of the Defendant, sexual conduct, and environment, etc.; and (c) as such, it is not recognized that the lower court’s punishment is too unreasonable and unfair, the Prosecutor’s assertion is groundless.

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

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