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(영문) 의정부지방법원 2015.06.23 2015노743
도로교통법위반(음주운전)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (two months of imprisonment, two years of suspended execution, two years of probation, and eight hours of probation and compliance driving) is too uneased and unreasonable.

2. Determination

A. The fact that the Defendant had a record of criminal punishment several times due to drinking driving and unlicensed driving, repeated crimes committed while the judgment of the court below was conducted, and the Defendant’s driving vehicle was not covered by mandatory insurance, etc. are disadvantageous to the Defendant.

B. However, in full view of all the circumstances, including the Defendant’s age, character and conduct, environment, motive, means and consequence of the commission of each of the instant crimes, the sentence of the lower court is too uneasible and unreasonable, in so doing, considering the following circumstances: (a) the Defendant is going against each of the instant crimes; (b) the Defendant is going not to repeat a crime; (c) the right bridge is inconvenient; and (d) the Defendant’s age, character and conduct, environment, motive,

C. 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 on the ground that it is without merit. It is so decided as per Disposition.

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