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(영문) 부산지방법원 2014.09.26 2014노2341
도로교통법위반(음주운전)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the punishment of six months of imprisonment, two years of suspended execution, and one hundred and twenty hours of community service order, which the court below sentenced to the defendant, is too uneasible.

2. As to each of the instant crimes, the following facts are acknowledged: (a) the Defendant driven a vehicle while under the influence of alcohol 0.178% without a driver’s license; (b) the Defendant’s driving of a vehicle without a driver’s license; (c) the Defendant’s driving level or the risk of drinking; (d) the Defendant has a record of criminal punishment on several occasions; and (c) the Defendant has a record of criminal punishment on several occasions due to a violation of the Road Traffic Act or a violation of the Road Traffic Act.

However, in full view of the following circumstances: (a) the Defendant recognized each of the instant crimes, and thus, the Defendant was against each of the instant crimes; (b) the occurrence of additional damage, such as traffic accidents, etc., caused by each of the instant crimes; (c) there was no record of punishment for the same crime since 2011; and (d) the Defendant’s age, environment, occupation, family relationship, circumstances leading to each of the instant crimes; and (e) the circumstances leading to each of the instant crimes, etc. before and after the instant crimes, the lower court’s punishment cannot be deemed unfair

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 as it is without merit. It is so decided as per Disposition.

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