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(영문) 인천지방법원 2013.04.19 2012노3669
도로교통법위반(음주운전)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two years of suspended sentence for eight months of imprisonment, one hundred and twenty hours of community service, and forty hours of attending a compliance driving course) that the court below sentenced is too unhued and unreasonable.

2. It is recognized that the defendant had a criminal record of the same kind on several occasions, and that the crime of this case is not good.

However, in full view of the following circumstances: (a) the Defendant reflects the instant crime; (b) there is no criminal conviction or heavier than a suspended sentence; and (c) the sentence of the lower court against the Defendant appears to have been determined by fully taking account of the various circumstances as seen earlier; and (d) there is no change of circumstances that may change the age, character, environment, family relationship, criminal record, circumstances after the instant crime; and (b) other circumstances that form the condition for sentencing specified in the arguments and records, such as the Defendant’s age, character and behavior, family relationship, criminal record, circumstances after the crime; and (c) the motive and circumstance of the crime

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

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