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(영문) 광주지방법원 2015.05.13 2014노1487

도로교통법위반(음주측정거부)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two years of suspended sentence for eight months of imprisonment, probation, community service order 160 hours, and 40 hours of order to attend a compliance driving course) of the lower court is too uneasy and unreasonable.

2. Prior to the instant case, on April 24, 2013, the Defendant: (a) was sentenced to a fine of one million won for the crime of violating the Road Traffic Act at the Gwangju District Court on April 24, 2013; (b) was sentenced to a fine of two hundred and five million won for the crime of obstructing performance of official duties at the Gwangju District Court on July 24, 2013; and (c) was in need of strict punishment for the crime of obstructing performance of official duties as in the instant case in order to establish the State’s legal order and eradicate a light of public authority; and (d) in particular, in the instant case, the Defendant was seriously punished for the crime of obstructing performance of official duties, such as taking a bath to police officers and keeping police officers, which is disadvantageous to the Defendant’s mistake; (c) on the other hand, the degree of assault is insignificant; and (d) there is no criminal conviction or more than a suspended sentence; and (e) there is no reason for the lower court’s assertion that the above punishment is 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.