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(영문) 광주지방법원 2016.12.14 2016노3887
도로교통법위반(음주운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (six months of imprisonment) by the lower court is too unfased and unreasonable.

2. Determination of the instant case led to the occurrence of a traffic accident and thus, the risk of drinking driving was realized.

Defendant has been punished several times for committing a crime of the same kind of drinking driving.

This is disadvantageous to the defendant.

On the other hand, as the defendant reflects his mistake in depth, he will not distort this mistake in the future.

The defendant is in a position to support the baby with a disability of grade IV with a disability of grade III with hearing disability.

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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