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(영문) 수원지방법원 2015.06.26 2014노5757
도로교통법위반(음주운전)등
Text

The prosecutor's appeal is dismissed.

Reasons

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

2. In full view of the following circumstances: (a) the Defendant has been punished several times as a crime of the same kind; (b) the Defendant was sentenced to a punishment for driving under the influence of alcohol in 2005; (c) the Defendant’s blood alcohol level relatively high; and (d) the Defendant did not take any measures to recover from damage; (b) the Defendant’s recognition of the crime and reflects the Defendant; (c) the Defendant did not have any record of being punished for driving under the influence of alcohol since 2005; and (d) there was no record of having been punished for driving under the influence of alcohol; and (e) other circumstances that form the condition for sentencing in the instant case, including the Defendant’s age, character and behavior, environment, family relationship, etc. after 209, the Prosecutor’s allegation of unfair sentencing is deemed unfair

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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