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(영문) 의정부지방법원 2013.08.23 2013노823
도로교통법위반(음주운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a fine of 3.5 million won) declared by the lower court is too unhued and unreasonable.

2. The sentencing data unfavorable to the Defendant is the fact that the Defendant’s main crime of this case is a letter with a significant blood alcohol content at the time of committing the principal crime.

However, in light of the following: (a) the Defendant recognized the Defendant’s mistake from the investigative agency to the court; (b) the Defendant is a primary offender who has no criminal records; and (c) the Defendant’s distance of driving under influence is merely five meters and is relatively short; and (d) comprehensively reviewed all of the sentencing factors indicated in the instant pleadings, such as the Defendant’s age, character, conduct, environment, family relationship, motive and circumstance of the crime; and (b) the sentence of the lower court is deemed unreasonable because it is too uneasible. Therefore, the Prosecutor’s argument in the grounds for 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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