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(영문) 인천지방법원 2013.11.01 2013노2366
도로교통법위반(음주운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a fine of five million won) declared by the lower court is too unhued and unreasonable.

2. The judgment of the court below is high, the driving distance is not short, but the defendant reflects the crime, the defendant has no record of being punished for the same crime except as sentenced to a fine for driving under the influence of alcohol in 2002 and 2006, and the sentence against the defendant seems to have been determined in full consideration of the various circumstances mentioned above, and there is no change of circumstances that may vary from the court below's judgment and the court below's punishment has been determined in light of other circumstances, including the defendant's age, character and behavior, environment, and circumstances after the crime, etc., which are the conditions for the argument and the sentencing specified in the records of this case, the prosecutor's assertion is not accepted since the defendant's sentence imposed by the court below is too unjustifiable.

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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