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(영문) 광주지방법원 2018.04.12 2017노2244
도로교통법위반(음주운전)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (10 million won in penalty) is too unhued and unreasonable.

2. The defendant again committed each of the instant crimes even though he/she was punished several times for the same kind of crime in the past, and he/she was killed to conceal the crime as he/she was controlled by a police officer;

B Driving

False statements are disadvantageous circumstances.

On the other hand, it is favorable for the defendant to recognize and reflect his mistake, and the driving distance is relatively short.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendant’s age, sexual conduct, environment, etc., and the various sentencing conditions indicated in the instant records and arguments, the lower court’s punishment is too uneasible and thus, cannot be deemed unfair. Therefore, the Prosecutor’s assertion is without merit.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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