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(영문) 광주지방법원 2015.11.03 2015노640

도로교통법위반(음주운전)등

Text

The prosecutor's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The sentence of the lower court (eight months of imprisonment without prison labor, two years of suspended execution, two years of probation, and one hundred and twenty hours of social service) is too unhued and unfair.

Judgment

When considering the fact that the Defendant had been punished several times due to driving without a drinking license, the Defendant was investigated as a drinking-free driver on July 7, 2014, and again conducted driving without a drinking license two months thereafter, the Defendant did not cause an accident during driving without a drinking license of this case, the Defendant divided and reflects the mistakes, the favorable circumstances such as the fact that there was no record of punishment due to driving without a drinking license for the last three years, and other factors of sentencing as shown in the records of this case, such as the Defendant’s age, character, conduct and environment, etc., it cannot be deemed that the sentence of the lower court is too unjustifiable and unreasonable.

Therefore, the prosecutor's assertion of unfair sentencing is without merit.

In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act because it is without merit.