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(영문) 광주지방법원 2018.07.12 2017노4503
도로교통법위반(음주운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentence (six months of imprisonment, two years of suspended sentence, two years of probation, observation of protection, one year of cure of alcohol, 40 hours of instruction of compliance driving, and 40 hours of instruction of compliance driving) is deemed to be too uneasy and unreasonable.

2. The fact that the defendant again committed the instant crime without being aware of the past record of punishment several times for the same kind of crime is disadvantageous.

On the other hand, there are favorable circumstances such as the fact that the defendant recognizes and reflects his mistake, and that there are some circumstances to consider the background of the driving of the drinking in this case.

In addition, comprehensively taking account of the Defendant’s age, sexual conduct, environment, family relationship, and motive for committing the crime, various sentencing conditions as shown in the instant records and arguments, the lower court’s punishment is too uneasible and unreasonable. Therefore, the Prosecutor’s assertion is without merit.

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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