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(영문) 서울중앙지방법원 2014.04.17 2014노317
도로교통법위반(무면허운전)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the sentence of a fine of KRW 10 million imposed by the court below to the defendant is too uneasible.

2. There are circumstances unfavorable to the Defendant, such as the fact that the Defendant committed the same offense even though he/she was punished by a fine of KRW 1 million due to a drunk driving around 2005, a fine of KRW 3 million due to a drunk driving around March 201, a fine of KRW 4 million due to a drunk driving around May 201, and the blood alcohol concentration was significantly high.

However, in full view of the fact that the Defendant was trying not to repeat a crime, and that the Defendant appears to have the effect of preventing recidivism even through the punishment sentenced by the lower court, the Defendant’s portion in the economic activities of his family, the impact of the punishment of this case, including family environment, and all the sentencing conditions in the records and arguments, even if considering the above unfavorable circumstances, it is not recognized that the sentence imposed by the lower court is unreasonable.

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

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