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(영문) 수원지방법원 2014.05.12 2013노6426
도로교통법위반(음주운전)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (limited to eight months of imprisonment, two years of suspended sentence, two years of probation, one hundred and twenty hours of community service order, and forty hours of order to attend a course) is deemed unreasonable.

2. Since the defendant was sentenced to a fine and a suspended sentence on several occasions due to drinking and unlicensed driving, and again committed the crime of this case, it is necessary to strictly punish the defendant.

However, in full view of the following: (a) the Defendant’s depth is against the Defendant; (b) the risk of drinking driving is at close; and (c) the Defendant’s age, character and behavior, environment; (d) motive and circumstance leading to the instant crime; and (e) the circumstances before and after the instant crime, etc., the execution of imprisonment is suspended; (b) the lower court’s sentence added to probation, community service order, and order to attend lectures is too uneasible and unreasonable.

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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