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(영문) 의정부지방법원 2013.08.22 2013노981
도로교통법위반(음주운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable as the penalty of the lower judgment (4 million won of a fine) is too unfied.

2. Although the judgment of the court below is considerably high at 0.218%, and there is a great need to punish a drunk driving in light of the risk of traffic accidents caused by drunk driving, it is deemed that the punishment of the court below is proper and unreasonable, taking into account the following factors: although the defendant is found to have committed a crime, there is no other crime record; the defendant has a relatively short distance of driving a motor vehicle due to drinking conditions; the defendant seems to have a relatively short distance of driving a motor vehicle due to drinking conditions; and the defendant seems to have a relatively short economic situation due to the second degree of physical disability; and the defendant's age, character, character, occupation and environment; circumstances and results of the crime; and the various sentencing factors indicated in the instant case, such as the following circumstances, are considered to have

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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