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(영문) 서울중앙지방법원 2013.11.14 2013노3095
도로교통법위반(음주측정거부)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s penalty of KRW 2.5 million (a fine of KRW 2.5 million) is too unhued and unreasonable.

2. The driver is driving in the state of judgment.

In full view of the following facts: (a) the instant crime was caused by traffic accidents; (b) although the police officer was requested to take a drinking test during the investigation process, the nature of the instant crime was inferior; (c) the Defendant committed the instant crime; (d) the Defendant is divided into and against the instant crime; and (e) the Defendant has no penal power except the fine due to the violation of the Road Traffic Act around 191; and (e) the Defendant was sentenced to a suspended sentence due to the violation of the Automobile Management Act around 201; and (e) the Defendant’s age, character, conduct, environment and other sentencing conditions

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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