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(영문) 의정부지방법원 2015.01.21 2014노1440
도로교통법위반(무면허운전)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a punishment of three years of imprisonment for a term of one-year suspension, a community service of 200 hours and a course of 40 hours of compliance driving) that the court below made is too unfford and unreasonable.

2. The Defendant was punished four times as a crime due to driving, and committed the instant crime before the sentence of suspended sentence becomes final and conclusive. However, the Defendant all confessions the instant crime, and the Defendant’s blood alcohol concentration at the time of the instant crime is not significantly high to 0.089%. On the day following the instant crime, J, the owner of the instant vehicle, disposed of the instant vehicle that the Defendant was driving, and the Defendant appears to have been commuting to and from work by means of public transportation. The Defendant appears to have not caused any other traffic accident due to the instant crime, equity in the case of the instant crime, including the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime, and circumstances after the instant crime, etc., the Defendant’s assertion that all of the sentencing conditions indicated in the instant records, such as the Defendant’s age, character and behavior, and environment, are appropriate and unreasonable, and the Prosecutor’s assertion is without merit.

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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