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(영문) 서울중앙지방법원 2014.04.03 2014노38
도로교통법위반(음주운전)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the sentence of a fine of KRW 10 million imposed by the court below to the defendant is too uneasible.

2. There are circumstances unfavorable to the Defendant, such as: (a) the Defendant was sentenced to a three-time fine due to drunk driving or unlicensed driving; (b) on April 12, 2013, sentenced to imprisonment for one year and six months; (c) on the suspension of execution to two years; and (d) again committed the same crime during the suspension of execution; and (c) the blood alcohol content exceeds 0.129%.

However, in full view of all the sentencing conditions in records and pleadings, the sentence under the suspension of the execution is determined in combination with other types of crimes as well as driving without a license for drinking alcohol, and the defendant shows a serious anti-discrimination attitude, such as family environment including the defendant's mother who is under the influence of alcohol, supporting the suspect, and receiving counseling treatment in order not to repeat a crime. In full view of all the sentencing conditions in the records and arguments, it is not recognized that the sentence imposed by the court below is too unreasonable.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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