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(영문) 부산지방법원 2014.08.22 2014노2029
도로교통법위반(음주운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable in that the punishment of the lower court (two months of imprisonment, two years of suspended execution, and eight hours of social service) is too unfased and unreasonable.

2. In light of the above facts, the court below determined the punishment by comprehensively taking into account the motive of the crime of this case, its subsequent circumstances, Defendant’s age, character, and environment, and considering all other circumstances such as the motive of the crime of this case, the following circumstances, the defendant’s age, character and environment, etc., in light of the fact that the defendant committed the crime of this case again for the reason for sentencing unfavorable to the defendant, although he could have been able to have been punished due to the previous and present circumstances, the defendant recognized the crime of this case as favorable for sentencing, and reflects the defendant’s blood alcohol level at the time of the crime of this case, the defendant was responsible for supporting his family. The above sentencing of the court below is determined to be appropriate,

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

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