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(영문) 광주지방법원 2018.05.03 2017노2765
도로교통법위반(음주측정거부)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s sentence (two years of suspended execution for six months of imprisonment and forty hours of lectures to comply with law) is too uneasible and unfair.

2. The fact that the defendant again committed the instant crime even though he/she was punished several times for the same crime is disadvantageous.

On the other hand, it is favorable for the defendant to recognize and reflect his mistake, and there is no record of punishment exceeding the fine.

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, environment, etc., and the various sentencing conditions indicated in the instant records and arguments, the lower court’s punishment is too uneasible and thus, cannot be deemed unfair. Therefore, the Prosecutor’s assertion is without merit.

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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