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(영문) 수원지방법원 2015.09.04 2015노1811
도로교통법위반(음주운전)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (a fine of KRW 7,00,000) is too unhued and unreasonable.

2. The Defendant, while under the influence of alcohol 0.110%, driven a motor vehicle with a blood alcohol concentration, and the Defendant, in order to investigate it, walking a police officer’s fluence in the performance of official duties by putting in uniform, does not seem to be such a crime and the nature of the crime is not weak;

However, in full view of the following circumstances: (a) the Defendant recognized the instant crime and is in profoundly against the Defendant and again, he/she would not commit such crime; (b) the Defendant has no record of being sentenced to suspension of qualification or more severe punishment; and (c) the Defendant’s age, character and conduct, environment, family relationship, and other circumstances that form the conditions for sentencing as indicated in the instant case, such as the Defendant’s age, character and conduct, family relationship, etc. after the

Therefore, the prosecutor's above assertion of unfair sentencing is without merit.

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

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