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(영문) 수원지방법원 2014.12.01 2014노5489
도로교통법위반(음주운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (the imprisonment for eight months, the suspension of the execution of two years, the probation, the community service order of 80 hours, and the order to attend a law-abiding class of 40 hours) is too uneased and unreasonable;

2. In full view of the Defendant’s age, character and conduct, environment, motive and circumstance leading to the instant crime, circumstances before and after the instant crime, etc., even though the Defendant had been sentenced three times to a fine for the same crime and one suspended sentence, and again committed the instant crime, the Defendant committed the instant crime, and the nature of the crime is bad. However, considering the following factors: (a) the Defendant’s age, character and conduct, environment, motive and circumstance leading to the instant crime; and (b) all of the sentencing conditions as shown in the arguments in the instant case, such as the circumstance before and after the instant crime, it cannot be deemed that the lower court’s punishment, while suspending the execution of imprisonment with prison labor for the Defendant, ordering the Defendant to provide community service for 80 hours or more, and to

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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