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(영문) 춘천지방법원 2013.05.22 2012노964
도로교통법위반(음주운전)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the prosecutor’s grounds for appeal (e.g., e., e., g., 3 million won) of the lower court’s sentence is too uneased and unreasonable.

2. In light of the above defendant's age, character and behavior, environment, motive, means and consequence of the crime, etc., the defendant should be criticized as committing the crime of this case again during the suspension period of execution due to the same crime, but the blood alcohol concentration of the defendant is relatively low to 0.057%, the defendant's mistake is divided in depth, the defendant's support for his child and his mother is a wife, the defendant's sentence of imprisonment is sentenced to imprisonment with prison labor to the defendant, and the execution of the previous suspended execution (two years of suspended execution in six months) is deemed to be too harsh compared to the degree of the crime of this case, and the above defendant's age, character and behavior, environment, motive and consequence of the crime, circumstances after the crime, etc., it is not recognized that the sentence of the court below is too unreasonable. Thus, the prosecutor's assertion above 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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