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(영문) 광주지방법원 2013.09.25 2013노1417
도로교통법위반(음주운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the sentence imposed by the court below on the defendant (two months of imprisonment, two years of suspended execution, two years of probation, two hundred hours of probation, two hundred hours of probation, and forty hours of order to attend a course) is too unhued.

2. The judgment of the court below committed the instant crime even though the Defendant had been punished once a suspended sentence and twice a fine due to the violation of the Road Traffic Act due to the driving under the influence of alcohol, and the Defendant committed the instant crime with a blood alcohol content higher than 0.196% at the time of regulating, the Defendant was recognized to have caused the instant crime, and even though he was found to have committed a traffic accident that shocks E and H vehicles due to the instant crime, the Defendant is against the Defendant’s confession of criminal facts, and the Defendant committed the instant crime in order to park a vehicle in an appropriate place for the Defendant, as he did not find a space for parking, even though he was driving the Defendant’s vehicle, and the circumstance is insufficient to take into account. The circumstance is that the Defendant’s actual driving distance is only 40 meters, and the Defendant’s family members are supported by the disabled, and the Defendant’s age, environment, character and behavior, the circumstances leading to the instant crime, and the motive and circumstances after the instant crime, and thus, there are no arguments that the court below’s punishment is too unfair.

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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