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(영문) 수원지방법원 2018.04.27 2017노8408
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 (the imprisonment of six months, the suspension of the execution of two years, the community service order 40 hours, the order to attend a law enforcement lecture 40 hours) is too uneasy and unreasonable.

2. The judgment of the Defendant had a record of being sentenced to a fine on several occasions due to the crime of drinking driving, and in particular, even though the Defendant was under the influence of drinking on July 14, 2017, he/she committed the instant crime on July 22, 2017, following the day after July 201, etc., is disadvantageous to the Defendant.

On the other hand, the fact that the defendant is against the defendant's wrong recognition, and that the defendant has no record of punishment exceeding the fine is favorable to the defendant.

Considering the above circumstances and other factors, comprehensively taking into account the sentencing conditions indicated in the records, such as the Defendant’s age, sex, family relationship, environment, motive for committing a crime, and circumstances after committing a crime, it is difficult to deem the lower court’s punishment to be too unfortunate and unfair.

Therefore, the prosecutor's above assertion is without merit.

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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