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(영문) 서울중앙지방법원 2013.10.17 2013노2680
도로교통법위반(음주운전)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (two months of imprisonment, two years of suspended execution, and forty hours of an order to attend a law-abiding lecture) is too unhued and unreasonable;

2. In light of the fact that the Defendant was sentenced to a fine due to the crime of violating the Road Traffic Act in 2008 and 2012 by driving under the influence of influence without a license, driving under the influence of alcohol, and forging a signature and document by stealing the name of the Defendant’s punishment, the Defendant’s blood alcohol concentration is considerably high, and the Defendant was sentenced to a fine in 2008 and 2012, etc., the Defendant should be punished strictly. However, in light of the fact that the Defendant was in depth of and against his criminal act from the investigation stage to the trial stage, the Defendant has no history of punishment exceeding the fine until now, and that there was no history of punishment exceeding the fine until now, and the Defendant’s age, character and conduct, environment, and other sentencing conditions, the lower court’s punishment cannot be deemed unreasonable as it is too un

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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