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(영문) 의정부지방법원 2016.04.07 2015노3003
도로교통법위반(음주운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the imprisonment of six months, the suspension of the execution of two years, the observation of protection, and the 40 hours of the compliance driving) imposed by the court below on the defendant is too uneasible and unfair.

2. The judgment of the defendant is recognized that the defendant was driving under the influence of alcohol with a significant alcohol concentration in blood, caused a traffic accident during that period, and had two previous convictions of the same kind.

However, the above traffic accident did not cause serious loss of human life, and the above criminal conviction was sentenced to a fine in 2004 and 2009, and the defendant committed the crime of this case after a considerable period of time has elapsed.

In addition, it is hard to say that the criminal defendant is going to marry and not repeat the crime.

In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, and the circumstances after the crime, etc., the lower court’s punishment cannot be deemed to be unfair because it is too uneasible and unfair.

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

3. In conclusion, 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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