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(영문) 수원지방법원 2014.09.22 2013노5791
도로교통법위반(음주운전)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (two-month imprisonment, two-year suspended sentence, forty-hours of order to attend a community service order, and forty-hours of order to provide community service) is too unhued and unreasonable.

2. The judgment of the court below does not seem to be unreasonable since the defendant had already been punished twice a fine due to a driving without a license and one time a fine due to a drunk driving, and again committed the instant crime. However, in full view of the following: (a) the defendant is in a profound radius from the instant crime; (b) there is no criminal conviction due to the same type of crime; (c) the degree of blood alcohol concentration; and (d) the Defendant’s age, character and conduct, environment, and circumstances after the instant crime, etc., the sentence of the court below cannot be deemed to have been too unjustifiable and unreasonable.

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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