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(영문) 인천지방법원 2013.12.06 2013노2317
도로교통법위반(음주운전)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s sentence against the Defendant (two months of imprisonment and two years of suspended execution) is too uneased and unreasonable.

2. In light of the fact that the accused was subject to one-time suspension of execution, two-time fines due to the same crime, and that the Defendant committed the instant crime, and that the blood alcohol concentration is relatively high, there is a need to punish the accused strictly.

However, in full view of the fact that the Defendant recognized the instant crime and against his mistake, the distance of the Defendant’s driving of drinking alcohol, the Defendant’s age and family environment, and the circumstances before and after the commission of the crime, etc., the lower court’s punishment against the Defendant cannot be deemed unfair because it is too unfasible.

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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