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(영문) 서울중앙지방법원 2013.08.29 2013노1944
도로교통법위반(음주운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the imprisonment of eight months, the suspension of the execution of two years, the probation, and the order to attend a law-abiding lecture for forty hours) of the lower court is deemed to be too uneasy and unfair; and

2. In light of the fact that the Defendant’s blood alcohol content is considerably high at the time of the instant crime, the Defendant caused an accident that damages the vehicle, and the Defendant had been sentenced to a suspended sentence of two years in the month of imprisonment for violating the Road Traffic Act at the District Court in 2010 prior to the instant crime, etc., the Defendant should be punished strictly. However, in light of the fact that the Defendant is deeply divided into his criminal act, the Defendant is in depth, the circumstances leading up to the instant crime, the Defendant’s age, character and conduct, environment, and other sentencing conditions, the lower court’s sentence cannot be deemed as being too unreasonable.

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

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