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(영문) 광주지방법원 2015.07.23 2014노3242

도로교통법위반(음주운전)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (basic fine of KRW 9,00,000) is too unhued and unreasonable.

2. The judgment has a record of being punished several times for the same crime, and in particular, even if the defendant was under the suspension of the execution of imprisonment for the same crime, he/she repeated each of the crimes of this case.

However, considering the favorable circumstances, such as the fact that the Defendant’s mistake is divided and reflected, the Defendant’s failure to repeat the crime is relatively low to 0.086% at the time of driving under the influence of alcohol in this case, the blood alcohol concentration at the time of driving under the influence of alcohol in this case is relatively low to 0.086%, and the driving distance is not long, the Defendant’s age, character and behavior, environment, circumstances and result of the instant crime, and all sentencing conditions indicated in the instant case, such as the circumstances after the commission of the crime, the lower court’s punishment is deemed unfair, and thus, the prosecutor’

3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed under Article 346 (4) of the Criminal Procedure Act. It is so decided as per Disposition.