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(영문) 광주지방법원 2016.05.24 2015노3316
도로교통법위반(음주운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (amounting to eight million won) is too unfilled and unfair (a prosecutor expressed his opinion that he should be punished by imprisonment with prison labor for one year). 2. At the time of the crime, at the time of the judgment, the Defendant’s blood alcohol concentration is higher than 0.156%, and the Defendant was already punished twice due to drinking.

On the other hand, however, the reason why the defendant returned to Korea through a proxy engineer and drives again for parking is considered.

Comprehensively taking account of the factors indicated in the record of the instant case’s sentencing, the lower court’s sentencing of a fine of eight million won as determined by the lower court against the Defendant, to the extent that it should be reversed by exceeding the reasonable scope of discretion.

It is difficult to see it.

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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