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광주고등법원 (전주) 2013.04.05 2013노29

The prosecutor's appeal is dismissed.


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. The instant crime was committed on January 27, 2010 and November 19, 2010, which was punished by the Defendant as a crime of violating the Road Traffic Act (driving) and driving a motor vehicle under the influence of alcohol without a driver’s license even though the Defendant again committed the instant crime two or more times, and the Defendant was punished five times as a fine for the same kind of the instant crime from May 2006 to March 201. In particular, in light of the fact that the Defendant committed the instant crime under the influence of a driver’s license without a license on March 26, 2012 and again committed the instant crime before six months have passed since the Defendant was sentenced to a summary order for a crime of running a motor vehicle under the influence of alcohol, driving without a license, and driving without a license, it cannot be deemed that the liability for the relevant crime is somewhat less.

However, in light of the following circumstances, the Defendant’s attitude to refrain from driving under the influence of alcohol again, selling vehicles owned by the Defendant, the blood alcohol concentration at the time of the instant crime cannot be deemed as 0.064%, and there is no record that the Defendant was punished in excess of a fine, and the Defendant is entering into an annual renewal contract while working as a non-regular worker, and the Defendant supports his family as income in the above workplace. However, if the Defendant is sentenced to imprisonment without prison labor or heavier punishment due to the instant case, it would be deemed impossible to renew the contract, and other various circumstances indicated in the record, such as the Defendant’s age, character and conduct, intelligence and environment, motive, means and consequence of the instant crime, and the circumstances after the instant crime, etc., the sentence imposed by the lower court cannot be deemed unfair.

The prosecutor's assertion of unfair sentencing 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.