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(영문) 광주지방법원 2015.10.22 2015노491
도로교통법위반(음주측정거부)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 (basic fine of KRW 9,00,000) is too unhued and unreasonable.

2. The fact that the judged defendant has been punished three times for the same crime, in particular, he/she repeatedly commits the crime of this case even though he/she was sentenced to a suspended sentence of imprisonment for the same crime and is still under the current suspended sentence.

However, in consideration of all kinds of sentencing conditions indicated in the instant case, such as the following facts: (a) the Defendant divided his mistake into and reflects against himself; (b) the Defendant would not repeat the instant vehicle; (c) the driving of the instant vehicle through a substitute driver at the time shows that there were circumstances to consider the situation surrounding the Defendant’s home; (d) the need for continuous medical treatment is for suffering from rare pulmonary mal Hemosis, which is a rare disease; and (e) the most favorable circumstances such as the situation where the old parents and children should be supported; and (e) the Defendant’s age, character and conduct, environment; (e) the background and consequence of the instant crime; and (e) the circumstances after the crime, etc., the prosecutor’s allegation above is without merit.

3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed under Article 346 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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