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(영문) 광주지방법원 2015.10.06 2014노2205
도로교통법위반(음주운전)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two months of imprisonment and two years of suspended execution) of the lower court is deemed to be too unhued and unfair.

2. In full view of the factors that are disadvantageous to the Defendant, such as the fact that the Defendant had a history of criminal punishment four times due to a drunk driving, once again drives the instant drinking without a license, the driving of the vehicle with the blood alcohol concentration of 0.109%, the driving distance of the vehicle is not shorter than 4 km, and the factors that are favorable to the Defendant, such as the fact that the Defendant is in a negative sentence, and that there is no history of being sentenced to a fine exceeding the fine due to a drunk driving, and that the driving without a license is in a mutually concurrent relationship between the driving without a license and the ordinary concurrent relationship, and that the lower court does not need to concurrently impose a fine on the Defendant, and thus, does not need to impose a fine concurrently.

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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