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(영문) 광주지방법원 2015.08.18 2014노2364
도로교통법위반(음주운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (five million won of a fine) is too unhued and unreasonable.

2. In full view of the elements of unfavorable sentencing, such as the fact that the Defendant driven a blood alcohol level of 0.181% and the distance from drinking driving is not short, and the Defendant has no record of criminal punishment after being sentenced to a fine of one million won due to drinking driving in 2003, and the factors of favorable sentencing, such as the support of the wife and two children, including the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime, and other various circumstances that form the conditions of sentencing as indicated in the instant records and arguments, such as the circumstances after the crime, etc., it is difficult to deem that the lower court’s sentence against the Defendant is too unreasonable.

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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