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(영문) 서울북부지방법원 2013.07.10 2013노653
도로교통법위반(음주운전)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (hereinafter referred to as 5,00,000 won of fine) declared by the court below is too unhued and unreasonable.

2. In light of the following circumstances: (a) the Defendant made confession of the instant crime and is against the Defendant; (b) even though the Defendant was punished for the same kind of crime, and even though his driver’s license was revoked, the Defendant’s re-driving of the same kind of crime should be criticized; (c) the driving circumstances may be considered; (d) the odometer is at least 100 meters long; (d) the degree of the Defendant’s blood alcohol concentration; and (e) the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime; and (e) the sentencing conditions, such as the Defendant’s age, character and behavior, environment, motive, means and consequence of the instant crime, are deemed unreasonable, and thus,

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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