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(영문) 광주지방법원 2017.11.30 2017노874
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 (two years of suspended sentence in the month of imprisonment for eight months, two years of probation observation, forty hours of lecture participation in compliance driving, and 120 hours of community service) is too uneasy and unreasonable.

2. Determination is an unfavorable circumstance to the defendant that the defendant has been punished once due to drinking, three times due to driving without a license, and that the defendant's drinking value is not low.

However, considering the fact that the Defendant did not have any history of crime exceeding a fine due to driving under drinking or driving without a license, the fact that the Defendant acknowledges and reflects all his mistake, and other circumstances shown in the instant argument, such as the Defendant’s age, sexual conduct, environment, and circumstances after the crime, the lower court’s punishment is too uneasible and it is not deemed unfair, and thus, the Prosecutor’s assertion is rejected.

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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