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(영문) 광주지방법원 2018.05.03 2017노3052
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 (7 million won in penalty) is too unhued and unreasonable.

2. The fact that the defendant again committed the instant crime even though he/she was punished several times for the same crime is disadvantageous.

On the other hand, there are favorable circumstances such as the fact that the defendant recognizes and reflects his mistake, that the driving distance is relatively short, and that the defendant has no record of punishment exceeding the fine.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendant’s age, sexual conduct, environment, etc., and the various sentencing conditions indicated in the instant records and arguments, the lower court’s punishment is too uneasible and thus, cannot be deemed unfair. Therefore, the Prosecutor’s assertion is without merit.

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.

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