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(영문) 부산지방법원 2015.01.16 2014노3740
도로교통법위반(음주운전)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the sentence of imprisonment with prison labor for 6 months, 2 years of suspended execution, 40 hours of order to attend a law-abiding lecture, and 80 hours of community service order, which is too unfunied.

2. The judgment is a serious crime that may endanger the life and body of himself/herself and others, and the revised Road Traffic Act strengthened criminal punishment by raising the statutory punishment for such crime. It is recognized that each of the crimes of this case is that the defendant drives a vehicle under the influence of alcohol by 0.229% without a driver's license without a driver's license, and that the case is not less than that of the defendant, in light of the degree of driving alcohol or the risk of drinking without a driver's license, and that there is no urgent or inevitable circumstance that the defendant should drive the vehicle under the influence of alcohol or without a driver's license, and that the defendant has a history of criminal punishment for several times, and in particular, there is a history of criminal punishment for a violation of the Road Traffic Act, and there is

On the other hand, there are also circumstances such as the fact that the defendant has divided his mistake, that there was no additional damage such as traffic accidents due to each of the crimes of this case, that there was no history of criminal punishment other than fines, and that there is no history of criminal punishment other than punishment for the same crime, and that the baby suffering from urology should be supported.

Considering the above circumstances comprehensively taking into account the Defendant’s age, environment, occupation, family relationship, circumstances leading to each of the instant crimes, and various circumstances that form the conditions for sentencing as indicated in the records, such as the circumstances before and after the commission of the crime, the lower court’s punishment cannot be deemed to be too unjustifiable 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 as it is without merit. It is so decided as per Disposition.

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