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(영문) 광주지방법원 2015.07.23 2014노3171
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 (fines 7,00,000) is too unhued and unreasonable.

2. The Defendant’s blood alcohol level at the time of driving under the influence of alcohol in this case is very high to 0.223%, and the Defendant had the record of having been punished several times for the same kind of crime, in particular, even during the period of repeated crime due to the same kind of crime, the Defendant repeated the instant crime.

However, in light of the favorable circumstances, such as the fact that the defendant repents his mistake and reflects against himself, the fact that the defendant does not repeat the crime, the circumstance that it seems to have resulted in the crime of this case in order to park after having arrived at his residence due to his substitute driving at the time, and the circumstances that may be considered in light of all the sentencing conditions indicated in this case, such as the defendant's age, character and conduct, the background and consequence of the crime of this case, and the circumstances after the crime, etc., the prosecutor's allegation is without merit, since it is not recognized that the sentence of the court below is too uneasible and unfair.

3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed under Article 346 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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