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(영문) 광주지방법원 2019.06.27 2018노3628
도로교통법위반(음주운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (fines 8,00,000) is too unhued and unreasonable.

2. Considering the fact that the defendant's blood alcohol concentration high, the defendant committed the instant crime even if he/she had the same criminal record, strict punishment against the defendant is required.

However, in full view of the following: (a) the Defendant’s mistake is divided; (b) the distance of the Defendant’s driving is not clear; (c) the balance of the sentencing with the same crime; and (d) other various sentencing conditions in the records and arguments, such as the background of the instant crime; (b) the circumstances after the instant crime; and (c) the Defendant’s age, character and conduct, and environment, the Prosecutor’s assertion is without merit, on the grounds that the lower

3. The prosecutor's appeal of conclusion is dismissed under Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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