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(영문) 광주지방법원 2017.11.16 2017노903
도로교통법위반(음주운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (7 million won in penalty) is too unhued and unreasonable.

2. Considering the various circumstances revealed in the arguments in the instant case, such as the Defendant’s power (two times before and after the same type of crime), drinking volume (0.072%) and the circumstances after the commission of the crime (a confession and reflectivity), the lower court’s punishment is too unfasible and it is not deemed unfair, and thus, the Prosecutor’s assertion is rejected.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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