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(영문) 의정부지방법원 2014.10.23 2014노1655
도로교통법위반(음주측정거부)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence of the lower court (two months of imprisonment, two years of suspended sentence, two years of probation, and forty hours of an order to attend a law-abiding lecture) is too uncomfortable and unfair; and

2. Although the Defendant had a previous record of a drunk driving and a previous record of a non-licensed driving, the Defendant had a previous record of a non-licensed driving, and the Defendant had a previous record of a suspended sentence of a non-licensed driving, it cannot be deemed that the sentence of the lower court against the Defendant is too unjustifiable in light of all the sentencing conditions indicated in the records of this case, including the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime, and the circumstances after the crime.

3. If so, the prosecutor's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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