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(영문) 광주지방법원 2016.09.21 2016노654
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 (two years of suspended sentence for six months of imprisonment, observation of protection, community service, 80 hours of lecture, and 40 hours of lecture for compliance driving) is too uneasible and unreasonable.

2. The judgment has twice the record that the defendant was punished for driving the same drinking alcohol.

On the other hand, the defendant is going to reflect his mistake in depth and not repeat his offense.

The driving of the instant drinking did not cause any personal injury.

There is a position that the defendant should support the mother who is a visually disabled person (the age of 82).

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendant’s age, sexual conduct, and environment, etc., the lower court’s punishment is too uneasible and deemed unfair, and thus, the Prosecutor’s assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.

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