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(영문) 광주지방법원 2017.09.07 2016노5055
도로교통법위반(음주운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds of appeal (two years of suspended sentence in six months of imprisonment) is unfair because it is too unfasible.

2. In light of the Defendant’s previous convictions (two times before and after the same type), drinking volume (0.150%) and other various circumstances (abstinence, reflectivity, etc.) revealed in the instant pleadings, the lower court’s punishment is too unfford and unreasonable, and thus, the Prosecutor’s assertion is rejected.

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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