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(영문) 서울서부지방법원 2014.11.20 2014노984
도로교통법위반(음주운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (one year of imprisonment, three years of suspended execution, three hours of community service work, 240 hours of course in compliance driving lectures) is deemed unhued and unreasonable;

2. In light of the fact that the accused was punished several times, including the suspension of imprisonment, due to the same kind of drinking without a license, even though the accused had the same history of punishment, and repeats the drinking without a license, the accused should be punished strictly.

However, in light of the fact that the crime of this case was committed after the period of the previous stay of execution, the fact that the defendant committed the same mistake as that of the defendant in depth, the situation that the defendant would not repeat the same mistake, the situation of driving, and the occurrence of accidents, and the circumstances that did not occur. The punishment of the court below is a punishment imposed in addition to an order to provide community service and to attend a compliance driving course due to the security disposition for the prevention of recidivism by the defendant, and the motive and background of the crime, the circumstances after the crime was committed, the defendant's occupation and environment, etc., and all of the sentencing conditions that were shown in the arguments, it cannot be deemed that the

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

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