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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 의정부지방법원 2015.08.07 2015노323
도로교통법위반(음주운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentencing of the lower court (the suspended sentence of a fine of three million won) on the gist of the grounds of appeal is unreasonable as it is excessively unhutiled.

2. In light of the substance and consequence of the crime, the crime of this case committed by the Defendant is deemed to be disadvantageous to the Defendant, including the fact that the nature of the crime is not weak in light of the content and consequence of the crime, and that there was a record of punishment for the same kind of crime.

However, in light of the following circumstances: (a) the Defendant made a statement that he made a confession of the instant crime and reflects his mistake in depth; (b) some of the circumstances leading up to the instant crime exist; (c) the distance of operation is merely one meter; (d) there are dependents and economic circumstances are not sufficient; (e) physical damage caused by the contact accident is completely recovered; and even if the Defendant does not make a sentence, the physical damage caused by the contact accident is clearly expected to not repeat again; and (e) the Defendant’s age, character, character, and character, intelligence and environment; (f) the motive and circumstance, means and consequence of the instant crime; (c) the circumstances after the instant crime; (d) family relation; and (e) other circumstances that are the conditions for the instant sentencing, such as the instant punishment, such as the circumstances after the instant crime, criminal records, family relation, health condition, etc., the prosecutor’s assertion is without merit, and thus, is not deemed 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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