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(영문) 서울고등법원 2013.05.02 2013노635
도로교통법위반(음주운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below rendered by the defendant is improper because the punishment (one million won of fine) declared by the court below is too unhued.

2. The Defendant was sentenced to a fine by means of drinking alcohol driving or refusing to measure drinking alcohol, etc. during several times from 1998 to 2002, and on April 29, 2004, the Defendant was sentenced to a two-year suspended sentence of imprisonment for a violation of the Road Traffic Act at the Suwon District Court, which was sentenced to a two-year suspended sentence. However, the above previous convictions are all about nine years after the crime of this case, and when the Defendant is sentenced to a suspended sentence of imprisonment or higher, it is unclear whether the Defendant is able to continue to work at the present workplace, whether the Defendant is able to be able to continue to work at the present workplace, and the sentencing conditions indicated in the argument of this case, such as the Defendant’s age, character and behavior, and environment, it cannot be viewed that the sentence imposed by the lower court against the Defendant is unreasonable.

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.

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