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(영문) 수원지방법원 2015.06.03 2014노7042
도로교통법위반(음주운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds of appeal (the suspension of the execution of six months of imprisonment, the suspension of the execution of forty hours of imprisonment, the order to attend a community service order of 120 hours of time of 120 hours of imprisonment) is too un

2. In light of the fact that the Defendant was sentenced to each fine for drunk driving in 2003 and 2010 and was under the influence of alcohol, the Defendant was driving while under the influence of alcohol, the blood alcohol concentration is very high by 0.205%, and the distance operated in the influence of alcohol level is very high to 34 km, etc., the Defendant’s liability for the crime is not less than that of the Defendant. However, the Defendant’s confession of the instant crime and misunderstanding are in depth, and there is no other punishment power except that of the said fine, and all the sentencing conditions indicated in the instant case, such as the Defendant’s age, character and behavior, intelligence and environment, motive and circumstance of the instant crime, and circumstances after the instant crime, etc., the 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 as it is without merit. It is so decided as per Disposition.

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