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(영문) 서울남부지방법원 2014.01.09 2013노1787
도로교통법위반(음주운전)등
Text

The prosecutor's appeal is dismissed.

Reasons

The summary of the reasons for appeal by the prosecutor is that the penalty (eight million won of fine) imposed by the court below is too unfasible and unfair.

Therefore, in light of the fact that the defendant was sentenced to a suspended sentence of 2 years for the violation of the Road Traffic Act in the Seoul Southern District Court on May 28, 2013, and that the defendant committed the crime of this case since 2 years have not yet passed since he was sentenced to a suspended sentence of 2 years for the crime of violation of the Road Traffic Act in Seoul Southern District Court on May 28, 2013, and that the drinking volume of the defendant is considerably high, it is reasonable to punish the defendant strictly.

However, in full view of all the circumstances alleged by the prosecutor as the grounds for appeal, even if considering all of the circumstances alleged by the prosecutor as the grounds for appeal, it is unreasonable to deem that the sentence imposed by the court below is too unreasonable to the extent that the sentence imposed by the defendant is to be reversed, even if the defendant is considered as the grounds for appeal. The defendant's age, character and behavior, environment, motive, means and consequence of the crime, etc. are considered to have considerable influence on the living of his family and the employees of the defendant operation company.

Therefore, prosecutor's assertion is without merit.

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

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