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(영문) 광주고등법원 2013.07.11 2013노96
도로교통법위반(음주운전)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The prosecutor's summary of the grounds for appeal is unreasonable because the sentence (7 million won of a fine) imposed by the defendant is too unhued.

2. At the time of the instant case, the Defendant had a high drinking level at the time of the instant judgment, and the crime of injury was committed by the Defendant, while driving a drunk, stopped at the intersection for one minute without any special reason. The fact that the victim, who is the driver of the next-hand vehicle, gets off the vehicle and resisting the horn, and causing the victim to inflict an injury on the victim, is disadvantageous to the Defendant.

However, in full view of all the circumstances such as the Defendant’s age, occupation, environment, and circumstance before and after the commission of a crime, the Defendant’s mistake and reflects the Defendant’s mistake, there is no past record of punishment heavier than the fine, and there is no other reason to consider the sentencing. As such, the prosecutor’s above assertion is without merit, since the Defendant’s punishment imposed by the lower court is too unjustifiable.

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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