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(영문) 춘천지방법원 강릉지원 2013.09.10 2013노263
도로교통법위반(음주측정거부)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (five million won of a fine) is too unhued and unreasonable.

2. In light of the fact that the Defendant again committed the instant crime after having been sentenced to a fine of KRW 3 million due to a drunk driving around October 2012, and the instant crime was committed while driving without a license and driving under the influence of alcohol is concurrent, and furthermore, refusal of measurement of alcohol, etc., the instant crime cannot be deemed to be less than the quality of the crime.

However, in full view of all the circumstances in the records including the Defendant’s age, character and conduct, environment, motive and circumstance of the crime, means and consequence of the crime, etc., including the Defendant’s disposal of the vehicle owned by her mother in mind that the Defendant would no longer drive the vehicle, the lower court’s sentence cannot be deemed to be too unreasonable to the extent that it can be reversed.

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

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