beta
(영문) 광주지방법원 2017.06.08 2017노1366

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 (eight months of imprisonment) is too unhued and unreasonable.

2. The judgment is an unfavorable circumstance to the defendant that the defendant had been punished three times for the same crime, and that the defendant's drinking value was not lower than that of the crime in this case even though the defendant was in the same crime and was under probation for the same crime.

However, the Prosecutor’s assertion is rejected on the grounds that the lower court’s punishment is too unfeasible and unreasonable, considering the following circumstances, such as the Defendant’s age, sex, environment, motive for committing a crime, and circumstances after committing a crime.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.