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(영문) 광주지방법원 2020.08.12 2019노2081
도로교통법위반(음주측정거부)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (7 million won of a fine) is too unhued and unreasonable.

2. The Defendant refused to measure drinking during the period of repeated crime and was punished for traffic crimes such as drinking and unlicensed driving.

However, the defendant shows the form of recognizing and reflecting the crime, and the records of punishment for drinking driving are limited to once, and again, he/she does not drive under the influence of drinking.

In addition, considering the various circumstances, such as the defendant's age, character and conduct, environment, motive, method, and consequence of the crime, which are shown in records and pleadings, the court below's punishment is too uneasy and it is difficult to deem it 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 ground that it is without merit. It is so decided as per Disposition.

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