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(영문) 광주지방법원 2015.09.08 2014노2534

도로교통법위반(음주운전)등

Text

The prosecutor's appeal is dismissed.

Reasons

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

2. In full view of the elements of the unfavorable sentencing, including the fact that the Defendant was subject to criminal punishment for drunk driving and unlicensed driving, the fact that the blood alcohol level was driven in the state of 0.153%, the Defendant’s crime is against the Defendant, the fact that there is no record of criminal punishment heavier than suspended execution, the factors of favorable sentencing, such as the fact that the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., as well as the various other circumstances that form the conditions of sentencing as indicated in the instant records and arguments, such as the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime, etc., it is difficult for

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.