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(영문) 서울중앙지방법원 2013.11.21 2013노3375
도로교통법위반(음주측정거부)등
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The prosecutor’s sentence of the lower court (six months of imprisonment) is too unhued and unreasonable.

B. The lower court’s punishment is too unreasonable.

2. The judgment was made by the Defendant in depth and reflects the Defendant’s own criminal act from the investigation stage to the trial of the case, and on February 21, 2013, the Defendant was sentenced to a suspended sentence of one year to one year of imprisonment at the Seoul Central District Court on February 13, 2013, and the above judgment became final and conclusive on February 21, 2013. The Defendant committed the instant crime without being sentenced to only one month from the date when the above judgment became final and conclusive to the point where the Defendant committed the instant crime without being sentenced to only one month, and the Defendant could have been punished for the same kind of crime; the lower court sentenced to the statutory punishment for the crime of violation of the Road Traffic Act by reducing the amount of punishment; the lower court sentenced to six months of imprisonment with prison labor corresponding to the lowest sentence of the applicable sentence by reducing the amount of punishment for the crime of violation of the Road Traffic Act; and in full view of the Defendant’s age, character, behavior, environment and other sentencing conditions

3. If so, the appeal by the prosecutor and the defendant is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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