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(영문) 광주지방법원 2015.05.12 2015노592
도로교통법위반(음주운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (eight months of imprisonment) is too unhued and unreasonable.

2. In full view of the favorable sentencing factors such as the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime, and circumstances after the crime, etc., the lower court’s sentence against the Defendant is too unjustifiable, and thus, cannot be deemed unreasonable, considering the following factors: (a) the Defendant has a history of criminal punishment several times due to drinking driving; (b) the Defendant committed the crime of this case during a repeated crime period; (c) the distance of the Defendant’s driving is not clear; and (d) the Defendant’s driving is contrary to and going against the instant crime; and (e) other favorable sentencing factors, such as the Defendant’s age, character and behavior, environment;

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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