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(영문) 부산지방법원 2017.03.17 2016노4301
도로교통법위반(음주운전)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence (2.5 million won in penalty) declared by the court below on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.

2. It is recognized that the defendant committed each of the crimes of this case without being aware of not only the period of suspension of execution due to the same kind of crime but also the fact that he/she committed the crimes of this case, which has been sentenced to a fine, suspension of execution, and punishment for a total sum of times due to violent crimes, etc.

However, considering all of the sentencing conditions stated in the pleadings of this case, such as the Defendant’s age, sexual conduct, environment, motive, means and consequence of each of the instant offenses, etc., the sentence of the lower court is too uneasy and unreasonable, when considering the following: (a) the Defendant has led to a confession of all of the offenses; (b) the drinking value is not high by 0.053%; and (c) the distance from driving otobbbba with no license is approximately 300 meters; and (d) the Defendant’s age, sexual behavior, environment, motive, means and consequence of each of the instant offenses;

Therefore, prosecutor's assertion is without merit.

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

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