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(영문) 광주지방법원 2018.09.04 2018노773
도로교통법위반(음주운전)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentence (two months of imprisonment, two years of suspended sentence, 40 hours of compliance driving lectures, and 40 hours of alcohol treatment lectures) as to the summary of the grounds for appeal is too unfasible and unreasonable.

2. In comparison with the judgment of the court below, there is no change in the conditions of sentencing at the court below, and the sentencing of the court below exceeded the reasonable scope of discretion.

In addition, considering the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the sentence of the lower court cannot be deemed to be unfair because it is too uneasible and unreasonable.

Therefore, prosecutor's assertion is not accepted.

3. The appeal by the prosecutor of the conclusion is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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