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(영문) 광주지방법원 2018.08.22 2018노273
도로교통법위반(음주운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence of the lower court (the imprisonment of eight months, the suspension of the execution of two years, the community service order of 120 hours, the 40-hour driving lectures, the 40-hour alcohol treatment lectures) is too uneasy and unreasonable.

2. The fact that the person commits a second offense despite the fact that the person was sentenced to punishment for driving under the influence of alcohol and the degree of alcohol concentration in the blood is low;

In full view of the circumstances that are disadvantageous, such as the fact that it is difficult to see that the defendant recognized the crime of this case, the record of the above punishment was seven years prior to the time of the crime of this case, and the fact that there is no change in the sentencing conditions compared to the original judgment, etc., the court below’s punishment is too unfeasible and unfair, and thus, the prosecutor’s above assertion is without merit.

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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