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(영문) 광주고등법원 2013.06.20 2013노90
도로교통법위반(음주운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The prosecutor's summary of the grounds for appeal is improper because the sentence imposed by the court below on the defendant (five million won of fine) is too unhued.

2. Although the Defendant had been sentenced to a fine for the same crime, the Defendant again committed the instant crime. However, in full view of all the circumstances that consider the sentencing, including the Defendant’s age, occupation, environment, and circumstances before and after the commission of the crime, it is not recognized that the sentence imposed by the lower court is too unjustifiable and unreasonable.

Therefore, the prosecutor's above assertion is without merit.

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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