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(영문) 의정부지방법원 2014.11.07 2014노1014
도로교통법위반(음주운전)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (two years of suspended sentence in six months of imprisonment) is too unhutiled and unfair.

2. The Defendant, on February 5, 2009, committed the instant instant crime even though he/she had been sentenced to a suspended sentence of two years on several occasions by committing a crime of violation of the Road Traffic Act (e.g., a violation of the Road Traffic Act) on six months, etc., and committed the instant crime. There are circumstances such as the Defendant’s blood alcohol concentration at the time of the instant crime, the Defendant’s blood alcohol concentration higher, and the distance of driving is not shorter.

However, in full view of the following circumstances: (a) the Defendant led to the confession of and reflect against the instant crime; (b) the Defendant’s sentence appears to be very difficult for his family’s livelihood; and (c) the Defendant’s age, character and conduct, environment, occupation, details and contents leading to the instant crime; and (d) the circumstances leading to the sentencing conditions indicated in the record, such as the circumstances after the crime, etc., the sentence of the lower court cannot

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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