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(영문) 의정부지방법원 2015.01.09 2014노1710
도로교통법위반(음주운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a 3 years of suspended sentence for one year of imprisonment, a community service20 hours, and a 40-hour course of compliance driving) that the court below sentenced is too uncomfortable and unfair.

2. The judgment of the defendant has already been subject to criminal punishment for the same kind of crime in the past three times, and there are circumstances such as the fact that the defendant was sentenced to a suspended sentence among them, and that the defendant's blood alcohol concentration is high at the time of the crime of this case.

However, in full view of all the circumstances that led to the instant crime, including the Defendant’s age, character and conduct, environment, occupation, and the circumstances leading to the instant crime, and the following circumstances, the sentence of the lower court cannot be deemed as being excessively uneasible and unreasonable.

Therefore, prosecutor's assertion is without merit.

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

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