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(영문) 수원지방법원 2014.09.29 2014노2160
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 imprisonment (ten months of imprisonment, two years of suspended sentence, two years of probation, and forty hours of probation) is too uneased and unreasonable;

2. In full view of the following factors: (a) the Defendant, who made a judgment against his/her own mistake in depth and would not repeat again; (b) the Defendant has no record of punishment exceeding a fine for the last five years; and (c) the Defendant’s age, character and conduct, environment, motive and circumstances leading to the instant crime; and (d) all the sentencing conditions as shown in the argument in the instant case, such as the circumstances where the Defendant could have the criminal power for the same kind of crime, even if considering that the Defendant could have the criminal power for the same crime, it is not unreasonable for the lower

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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