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(영문) 전주지방법원 2017.03.10 2016노1665
도로교통법위반(음주운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (including six months of imprisonment and two years of suspended sentence, etc.) is too uneasy and unreasonable.

2. Determination of the crime of this case is a case in which the defendant, who has been punished twice or more due to drinking driving, once or more, once again drives drinking, and the nature of the crime is not less than that of the defendant, and the defendant has already been subject to criminal punishment of fines twice for the same crime, and the degree of alcohol concentration in the blood was relatively high by 0.110% at the time of detection, and the driving of drinking is a crime that may cause serious danger to the life and property of others, and thus, it is disadvantageous to the defendant.

On the other hand, the fact that the defendant acknowledges the crime of this case and reflects the mistake, that there is no past history of criminal punishment heavier than the fine, and that the elderly and young children should be supported by the elderly and young children, etc. of 82 years old, which are favorable to the defendant.

In full view of the above circumstances and other factors of sentencing as indicated in the records and arguments of this case, the court below’s punishment is too unfasible and unfair, and thus, the prosecutor’s assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

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