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(영문) 수원지방법원 2015.05.29 2014노4611
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 imprisonment (two years of suspended execution in August and one hundred and sixty hours of community service in 160 hours of imprisonment) is too unhued and unreasonable;

2. In the case of this case where the Defendant driven while under the influence of alcohol content 0.105%, and obstructed the performance of official duties by assaulting police officers D and E who controlled the driving under the influence of alcohol, and at the same time, inflicted an injury on E, the nature of the crime is not good.

However, in full view of the following circumstances: (a) the Defendant recognized the instant crime and reflects the depth of the Defendant; (b) the Defendant has no record of having been punished by interfering with the performance of official duties; (c) the Defendant suffers from mental illness due to an industrial accident that occurred in the past; and (d) the Defendant’s age, character and conduct, environment, family relationship, and circumstances after the commission of the instant crime; and (c) the sentence of the lower court is too unreasonable.

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

3. If so, 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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