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(영문) 광주지방법원 2016.09.28 2016노2554
도로교통법위반(음주운전)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (one year of imprisonment) on the summary of the grounds for appeal is too unfased and unreasonable.

2. The instant crime was committed by the Defendant, who repeats a license without drinking, without any distance, causing a traffic accident while driving a motor vehicle that is not covered by the mandatory insurance of a motor vehicle, and threatens another driver without any particular reason, and the nature of the crime is very not good. The Defendant has been punished several times due to driving without a license without drinking, and in particular, the Defendant committed the instant crime on August 23, 2015 without being sentenced to imprisonment for one year due to non-licenseing or refusing to take a measurement of drinking on October 22, 2014.

On the other hand, it is favorable for the defendant to recognize and reflect his mistake in the first instance, and the defendant is the aged 72 years of age.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances after the instant crime, the Defendant’s age, sexual conduct, and environment, etc., the Prosecutor’s assertion is without merit, on the grounds that the sentence imposed by the lower court is too unfasible and it is not deemed unfair.

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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