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(영문) 광주고등법원 2013.06.27 2013노95

도로교통법위반(음주운전)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s judgment on the grounds of appeal by the Prosecutor is unreasonable as it is too unfasible to the extent that a fine (10 million won) is too unfased.

2. In full view of all the circumstances revealed in the arguments in this case, including the Defendant’s age, character and conduct, the environment, motive, means and consequence of the crime, etc., even though the nature of the crime in this case is not good, the Defendant’s confession and mistake are against the Defendant, and the Defendant’s blood alcohol concentration is not higher than 0.84%, and the Defendant’s blood alcohol concentration is not higher than 0.84%, the Defendant’s age, character and conduct and environment, motive of the crime, means and consequence after the crime is committed, the lower court’

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.