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(영문) 광주지방법원 2016.09.29 2015노3325
도로교통법위반(음주운전)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (amounting to KRW 5,00,000) is too unhued and unreasonable.

2. Determination is an unfavorable circumstance to the defendant that the defendant has been punished by a fine once due to drinking, driving without a license, etc., and that the amount of alcohol content (0.187%) among blood is high.

On the other hand, the following conditions are favorable.

Defendant’s crime of this case is against the crime of this case and does not repeat it.

There are many things.

In addition to the above two fines, there is no other criminal history against the defendant.

The instant crime did not lead to a traffic accident.

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., as well as the various sentencing conditions indicated in the records and arguments, the prosecutor’s assertion is without merit, since the lower court’s punishment is too uneasible and it is not deemed unfair.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.

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