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(영문) 광주지방법원 2021.03.17 2020노667
도로교통법위반(음주운전)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds of appeal (two years of suspended sentence for six months of imprisonment, and one hundred and twenty hours of community service) is too unhued and unreasonable.

2. The Defendant, even though having been punished twice due to drinking alcohol driving, was driving under the influence of alcohol without permission, and caused a traffic accident.

However, the defendant has recognized and reflected crimes, and the damage caused by traffic accidents is minor.

The last punishment of the defendant for the crime of drinking driving is a considerable interval from the crime of this case in 2013, and there is no record of punishment for driving without a license.

In addition, considering the various circumstances, such as the defendant's age, sex, environment, motive, method, and consequence of the crime, which are shown in records and pleadings, it is difficult to view the sentence of the court below as being too uneasible and illegal.

Therefore, prosecutor's assertion is not accepted.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.

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