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(영문) 수원지방법원 2018.03.28 2017노7808
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 (amounting to KRW 7,00,000) is too unhued and unreasonable.

2. The determination of the Defendant’s blood alcohol concentration is considerably high, there was a history of punishment several times for the same kind of crime, and the crime of this case was repeated even though the Defendant had been under suspension of imprisonment.

However, in full view of all sentencing conditions in the instant case, such as the following facts: (a) the Defendant’s mistake is divided and against himself; (b) the failure to repeat the offense is recognized; (c) the circumstance in which a substitute driver was released is recognized; and (d) the actual driving distance of the Defendant was immediately discovered by a police officer at the site and the actual driving distance was only one meter; and (d) the Defendant’s age, sex, environment, circumstances and consequence of the instant crime; and (e) the circumstances after the instant crime were committed, the lower court’s punishment is too uneasible and unfair; and thus, the prosecutor’s aforementioned assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 346 (4) of the Criminal Procedure Act, and it is so decided as per Disposition.

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