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(영문) 광주지방법원 2014.11.12 2014노1012
도로교통법위반(음주운전)
Text

The prosecutor's appeal is dismissed.

Reasons

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

2. The court below's three-time driver's previous convictions on the other hand, while recognizing the defendant's mistake, the two-time driver's previous convictions in 2003 and 2004, the two-time driver's previous convictions in 2003 and 2004, there is no previous convictions exceeding fines, and the blood alcohol concentration is not higher than 0.065%. In full view of the circumstances leading to the crime of this case, circumstances after the crime of this case, the defendant's age, character and conduct and environment, etc., the court below's punishment is too unjustifiable, and thus it is not recognized that the prosecutor's assertion is unreasonable.

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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