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(영문) 의정부지방법원 2014.05.16 2013노2697
도로교통법위반(음주운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two years of suspended sentence in October, community service work hours, forty hours of compliance driving courses) that the court below sentenced is too uneasy and unreasonable.

2. Although there are circumstances such as the fact that the Defendant’s blood alcohol content was very high at the time of the instant crime, and that the Defendant had committed a crime of drunk driving several times including the Defendant’s sentence previously sentenced, the Defendant led to the instant crime since the Defendant led to the Defendant’s confession and reflectation of the instant crime, the Defendant’s suffering from the reliance on the use of alcohol, and the Defendant appears to have committed the instant crime. In full view of all other circumstances, including the Defendant’s age, character and behavior, environment, occupation, circumstance and details leading to the instant crime, and circumstances after the instant crime, the sentence of the lower court cannot be deemed to be unfair as it is excessively uneasible.

Therefore, prosecutor's 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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