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(영문) 광주지방법원 2015.10.27 2015노773
도로교통법위반(음주운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (five million won of a fine) is too unhued and unreasonable.

2. In full view of the following factors: (a) the Defendant had the record of criminal punishment several times due to drunk driving; (b) has the history of being sentenced to suspended sentence; (c) the driving of a vehicle while blood alcohol level is 0.178%; and (d) the Defendant reflects the Defendant’s criminal act; (b) the final punishment of a drunk driving prior to the instant crime was sentenced to imprisonment for five months in 2006; (c) the suspended sentence was sentenced for two years in 2006; and (d) the Defendant is deemed to be dismissed at the workplace if he is sentenced to a suspended sentence or higher; and (e) other favorable sentencing factors such as the Defendant’s age, character and conduct, and environment, which are the conditions for the sentencing specified in the instant records and arguments, the lower court’s sentence against the Defendant is too un

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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