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(영문) 광주지방법원 2015.08.11 2014노2412
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 of KRW 1.5 million (a fine of KRW 1.5 million) is too unhued and unreasonable.

2. Determination factors such as the Defendant’s blood alcohol level at 0.154% at the time of driving under the influence of alcohol, and the place where the Defendant was under the influence of alcohol driving is an apartment parking lot and a short distance from the place where the Defendant was under the influence of alcohol to the apartment parking lot, and the favorable sentencing factors such as the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime, and other various circumstances that form the conditions of sentencing as indicated in the instant records and arguments, such as the circumstance after the crime, etc., are considered to be unreasonable.

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.

[In accordance with Article 25 (1) of the Rules of Criminal Procedure, Article 55 (1) 3 of the Criminal Act shall be corrected to "Article 55 (1) 6 of the Criminal Act" in the part of "application of Acts and subordinate statutes" in the judgment of the court below.]

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