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(영문) 서울고등법원 2013.04.25 2013노299
도로교통법위반(음주운전)등
Text

The prosecutor's appeal is dismissed.

Reasons

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

2. The fact that the defendant has a record of punishing a fine due to drinking driving, driving without a license, refusing to measure alcohol, etc. on a multiple occasions is an unfavorable sentencing factor against the defendant.

However, in full view of the following circumstances: (a) the Defendant did not have any criminal record other than a fine, and there was no record of a fine for a drunk driving in 2010; (b) the blood alcohol level of the Defendant’s blood alcohol level at 0.063% has not been high; (c) the Defendant’s economically difficult location; and (d) the Defendant’s age, health status, family relationship, occupation, living environment, etc., the lower court’s sentence cannot be deemed to be unreasonable and unreasonable.

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 as it is without merit. It is so decided as per Disposition.

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