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(영문) 의정부지방법원 2013.11.01 2013노703
도로교통법위반(음주운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below rendered by the defendant (a fine of 1.2 million won) is too unhued and unfair.

2. The judgment of the court below is based on the following facts: the crime of this case is deemed to have driven a motor vehicle approximately 1.5 km under the influence of alcohol level of 0.087%; the crime of this case is deemed to have driven a motor vehicle under the influence of alcohol level of 0.5 km; the drinking driving is highly likely to be subject to criticism in that it is highly likely to cause traffic accidents; however, the defendant is making a confession of the crime of this case and statements that his mistake is divided in depth; the defendant is the primary offender who has no record of criminal punishment; the defendant is living together with his father who is disabled; the defendant appears to have not sufficient economic situation; and other various circumstances, such as the defendant's age, character, character, intelligence and environment, the contents, means and result of the crime of this case, the circumstances, criminal records, family relations, health conditions, etc. after the crime, etc., the judgment of the court below is proper and too unfair, and thus, the prosecutor's assertion that the defendant's punishment of this case 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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