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(영문) 의정부지방법원 2014.02.12 2013노1033
도로교통법위반(음주운전)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the sentence of a fine of KRW 5 million imposed by the court below to the defendant is too unhutiled.

2. The judgment is based on the following circumstances: (a) the Defendant was under the influence of alcohol level of 0.17% and caused a traffic accident while driving a car under the influence of alcohol level of 0.17%; and (b) in light of the background and content of the crime, there is a high possibility of criticism; (c) the Defendant does not have any agreement or complete recovery from damage with the victim E; (d) on the other hand, the Defendant led to the confession of the crime of this case and stated that his mistake is divided; (c) economic situation is not sufficient; (d) the Defendant’s agreement was reached with the victim C; (d) the Defendant did not have any previous conviction since he was punished for the violation of the Road Traffic Act in 2003; and (e) the Defendant’s age, character, character, intelligence and environment; (e) the motive and consequence, means and consequence of the crime of this case; (e) the circumstances after the crime; and (e) the criminal records and family relation; and (e) the sentencing conditions of this case are considered to be adequate and unreasonable.

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.

It is so decided as per Disposition.

However, in the reasoning of the judgment below, since it is apparent that "the choice of punishment is omitted by mistake" in the "application of the law" column among the reasons for the judgment below, it is corrected that "the choice of punishment is added to "1. The choice of punishment and the choice of each fine" on the following column ex officio in accordance with Article 25 (1) of

.

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