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(영문) 광주고등법원 2013.06.20 2013노91
도로교통법위반(음주측정거부)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s judgment on the grounds of appeal by the Prosecutor is unreasonable as it is too unfasible to the extent that a fine (10 million won) is too unfased.

2. In full view of all the circumstances revealed in the arguments of this case, including the defendant's age, character and conduct, character and environment, motive, means and consequence of the crime of this case, etc., even though the crime of this case is not good, the defendant confessions the crime of this case and reflects the mistake, and the defendant has no record of punishment for the same crime since June 2009, the defendant has no record of punishment for the same crime. The prosecutor's above assertion is without merit, since the court below's punishment is too 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.

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