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(영문) 의정부지방법원 2013.05.24 2013노29
도로교통법위반(음주운전)
Text

The prosecutor's appeal is dismissed.

Reasons

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

2. The fact that the defendant has already been sentenced to a fine due to drinking driving is the sentencing data disadvantageous to the defendant.

However, the Defendant recognized his mistake from the investigative agency to the court. The Defendant’s place where the Defendant was a drunk driving is not at the distance of drinking driving as the underground parking lot of the apartment in which he resides, and comprehensively examines all of the sentencing factors indicated in the instant pleadings, such as the Defendant’s age, character and conduct, environment, family relationship, circumstances after the crime, and circumstances after the crime, the lower court’s sentence is appropriate and too unreasonable, and thus, the Prosecutor’s allegation in the grounds of appeal 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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