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(영문) 광주지방법원 2015.05.13 2014노1768
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 for one year, two years of suspended sentence, and probation) is deemed to be too unhued and unfair.

2. In light of the favorable circumstances, such as the fact that the Defendant was punished as a fine and a suspended sentence due to drinking driving in 2010 and 2011, etc., the Defendant is aged and again does not drive under the influence of alcohol, and the fact that the Defendant was not subject to criminal punishment for about three years prior to the instant crime is favorable, and other various sentencing conditions specified in the instant argument, including the Defendant’s character and behavior and environment, the lower court’s sentence is deemed unreasonable, and thus, the Prosecutor’s assertion is without merit.

3. In conclusion, the prosecutor's appeal 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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