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(영문) 광주지방법원 2015.09.16 2014노2017
도로교통법위반(음주운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (two years of suspended sentence for seven months of imprisonment and forty hours of attending the law-abiding driving course) is too unhutiled and unreasonable.

2. In light of the circumstances that the Defendant committed the instant crime without being well aware of the fact that the Defendant had been under the same influence of drinking or punishment three times due to the same kind of drinking driving, or the fact that the Defendant again committed the instant crime without being aware of the fact that the Defendant would not drive alcohol again, the blood alcohol concentration level is relatively lower than that of the instant crime, and other various sentencing conditions as indicated in the instant argument, including the circumstances leading up to the instant crime, the circumstances after the commission of the crime, the Defendant’s age, character and conduct, and environment, it is not recognized that the lower court’s punishment is too unreasonable, and thus, the Prosecutor’

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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