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(영문) 광주지방법원 2016.10.26 2016노1142
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 six months of imprisonment) is too unhued and unreasonable.

2. The reasoning of the judgment is that the Defendant was sentenced to a fine twice before 2013, and there is no other previous conviction.

The defendant's mistake is divided, and the defendant does not drive under the influence of alcohol again.

The defendant is in a position where the defendant should support three children of his/her wife and minor.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, and the environment, etc., the lower court’s punishment is too uneasible and unreasonable. Therefore, the Prosecutor’s assertion 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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