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(영문) 춘천지방법원 강릉지원 2013.11.26 2013노402
도로교통법위반(음주측정거부)
Text

The prosecutor's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The sentencing of the lower court (six months of imprisonment, two years of suspended execution) is too unfluent and unfair.

There is a history of punishment several times due to a short drinking driving and a licenseless driving, which is disadvantageous to the defendant.

However, considering the fact that there is no criminal history exceeding a fine, the fact that the lower court was a second-class disabled person with a paralysis, the fact that the lower court recognized a mistake, and the fact that it reflects the Defendant’s age, character and conduct, motive, means and consequence of the crime, and all other circumstances that form the conditions for the sentencing specified in the instant case, such as the circumstances after the crime, it cannot be deemed that the lower court’s sentencing is too unjustifiable.

Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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