(영문) 광주지방법원 2015.06.09 2014노2090



The prosecutor's appeal is dismissed.


1. The gist of the grounds for appeal is that the lower court’s punishment (three million won of a fine) is too unhued and unreasonable.

2. In full view of all favorable sentencing factors such as the Defendant’s history of punishment several times due to drinking driving, the driving distance is not short, and favorable sentencing factors such as the blood alcohol concentration (0.054%) at the time of the instant crime, and the fact that he/she is going not to drive under drinking in the future, and other circumstances that form the conditions of sentencing specified in the instant records and arguments, such as the Defendant’s age, character and behavior, environment, motive, means and consequence of the instant crime, etc., the lower court’s sentence against the Defendant is too unjustifiable and unreasonable.

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.