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(영문) 광주지방법원 2018.08.16 2017노3408
도로교통법위반(음주측정거부)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (6 million won in penalty) is too unhued and unreasonable.

2. The fact that the Defendant again committed the instant crime despite the past record of punishment for driving under drinking, etc. is disadvantageous.

On the other hand, there is no record of punishment exceeding the fine for about 27 years since 1991.

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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