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(영문) 광주지방법원 2013.06.26 2013노799
도로교통법위반(음주운전)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the prosecutor’s gist of the grounds for appeal (e.g., a two-year suspended sentence, probation, community service order 300 hours, and order to attend a compliance driving 80 hours is too unfortunate, and thus, the court below’s sentence is too unfortunate, in light of the following: (a) the defendant was placed in the same criminal history seven times; (b) the defendant was sentenced to a fine while driving without a license during the suspended execution period; and (c) the defendant did not have been sentenced to a fine of KRW 3,00,000 due to drinking driving thereafter; and (d) thereby committing the instant crime.

2. However, considering the motive and background leading to the instant crime, the circumstances before and after the instant crime, and other various matters stipulated in Article 51 of the Criminal Act, which are conditions for sentencing, such as the Defendant’s age, character and conduct, etc. as indicated in the record and pleadings, considering the circumstances asserted in the grounds for appeal, the lower court’s punishment cannot be deemed unreasonable because it is too uneasible even considering the circumstances asserted in the grounds for appeal. Thus, the above assertion is without merit.

3. According to the conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and it is so decided as per Disposition.

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