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(영문) 서울서부지방법원 2014.06.20 2014노456
도로교통법위반(음주운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the sentence of the lower court (a fine of eight million won) is too minor;

2. The fact that the Defendant had been sentenced to the suspended sentence due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) and the Defendant again committed the instant crime despite the same kind of power on several occasions, and that the occurrence of a serious accident may occur due to a sudden stop on the road while driving under the influence of alcohol.

However, the sentence of the court below is reasonable in examining the motive, means, circumstances before and after the crime of this case, defendant's age, character and conduct, career, environment, etc., where the defendant is sentenced to a suspended sentence due to the crime of this case, there is no sufficient economic situation, there is no dependent family, traffic accident, the occurrence of traffic accident, the fact that family members and workplace club members actively reflect the defendant's preference.

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

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