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(영문) 수원지방법원 2014.10.20 2014노2396
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 (limited to eight months of imprisonment, two years of suspended sentence, 40 hours of lecture order, 120 hours of community service order) is too uneased and unreasonable.

2. Although the Defendant was punished four times of a fine due to drunk driving, he was under the influence of alcohol again, and was under the influence of alcohol level 0.251%, and obstructed the performance of official duties by taking care of the face of police officers performing official duties by hand. In light of the punishment power, details of the crime, etc., although the crime is not good, the Defendant’s mistake is seriously against himself, the Defendant deposited KRW 2 million for police officers in the first instance trial, there is no penalty force exceeding the fine, and all the sentencing conditions indicated in the instant records and arguments, such as the Defendant’s age, character and conduct, environment, and circumstances after the crime, etc., it cannot be deemed that the lower court’s punishment is too unreasonable.

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

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