(영문) 광주지방법원 2017.07.06 2016노3591



The prosecutor's appeal is dismissed.


1. The main point of the grounds for appeal is that the lower court’s punishment (eight million won in penalty) is too unhued and unreasonable.

2. The fact that the Defendant’s blood alcohol is very high is disadvantageous to the Defendant.

However, considering the fact that there is no criminal history other than once a fine (the same type of fine or the past ten years or more), the distance of the Defendant’s driving is very short and the circumstances are taken into account, and other various circumstances shown in the argument in this case, the lower court’s punishment is too uneasible and it is not deemed unfair, and thus, the Prosecutor’s assertion is rejected.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.