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(영문) 수원지방법원 2016.11.02 2016노4291
도로교통법위반(음주운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (five million won of a fine) is too unhued and unreasonable.

2. The judgment is a condition for sentencing unfavorable to the defendant, such as the fact that the defendant had the history of punishment for drunk driving, and the fact that the defendant's blood alcohol concentration is considerably high.

However, in full view of the following circumstances: (a) the Defendant is recognized as committing the instant crime and is against the Defendant; (b) the Defendant was punished by a fine for drunk driving around 2003 and around 2013; (c) there was no record of criminal punishment since 2013; (d) there was no record of criminal punishment exceeding the fine; and (e) other circumstances that form the conditions for sentencing specified in the instant case, including the Defendant’s age, character and conduct, environment, family relationship, and circumstances after the commission of the instant crime, the lower court’s sentence is deemed to be too unreasonable, and thus, the Prosecutor’

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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