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(영문) 수원지방법원 2018.02.14 2017노7284
도로교통법위반(음주운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s sentence (two years of suspended sentence for one year of imprisonment, 80 hours of community service order, and 40 hours of lecture to comply with the law) is too uneasible and unreasonable.

2. In light of the fact that the defendant did not know about the fact that he/she had been punished several times due to drinking, and again committed the instant crime without being aware of it, and that the defendant's blood alcohol concentration was very high at the time of driving alcohol, strict punishment against the defendant is required.

However, in full view of the following: (a) the Defendant recognized the Defendant’s mistake and reflects in depth; (b) the health condition support the mother who is not good; and (c) the Defendant is endeavoring to obtain a license for construction machinery operator to support his family members; and (d) other various sentencing conditions as shown in the instant argument, including the background of the instant crime; (b) the circumstances after the commission of the crime; (c) the Defendant’s age; and (d) the Defendant’s sexual behavior and environment, etc., the lower court’s punishment is too uneas

3. In conclusion, 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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