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(영문) 의정부지방법원 2015.05.13 2014노2416
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 of KRW 10 million (a fine of KRW 10 million) is too unhued and unreasonable.

2. The judgment of the defendant has a history of having been punished several times due to drunk driving, and the defendant committed the instant crime again during the suspended execution period even though he/she was sentenced to a two-year suspended sentence for the violation of the Road Traffic Act on May 9, 2013 due to the crime of violation of the Road Traffic Act (driving) on the part of the defendant. The fact that the blood alcohol concentration (0.177%) at the time of committing the crime is considerably high is that the defendant is disadvantageous to the defendant.

However, in full view of all the sentencing conditions, including the fact that the Defendant recognized the instant crime, the fact that the Defendant appears to have repented of his mistake in the course of being detained for about four months until the judgment of the court below was rendered, and that the detention of the Defendant would cause excessive difficulty to his dependants, and the circumstances after the instant crime, etc., the sentence of 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 as it is without merit. It is so decided as per Disposition.

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