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(영문) 광주지방법원 2015.12.02 2015노1547
도로교통법위반(음주운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (three years of suspended execution for one year of imprisonment, three years of probation, and two hundred hours of the community service order) of the lower court is too unhued and unreasonable.

2. The judgment of the court below was sentenced to a suspended sentence of one year for a crime of violation of the Road Traffic Act in 2011, etc., and it was possible for the defendant to be sentenced to a suspended sentence of one year for a crime of violation of the Road Traffic Act in 2011, and thus driving a motor vehicle under the condition of drinking alcohol concentration of 0.197%, etc., but, on the other hand, the defendant recognizes and reflects his mistake, the defendant does not cause a traffic accident due to a drunk driving, there is no history of criminal punishment exceeding the suspended sentence, the defendant is responsible for the livelihood of his family, and other various sentencing conditions specified in the arguments of this case, such as the circumstance of the crime of this case, circumstances after the crime, the defendant's age, character and behavior, etc., and thus, the prosecutor's allegation above is without merit.

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.

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