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(영문) 광주지방법원 2013.08.07 2013노1189
도로교통법위반(음주운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the sentence imposed by the court below on the defendant (limited to eight months of imprisonment, two years of suspended sentence, two years of probation, 80 hours of probation, and 40 hours of order to attend a course) is too unhued.

2. The judgment of the court below committed the crime of this case even though the defendant had been sentenced one time to the punishment for the crime of violation of the Road Traffic Act (driving) and three times a suspended sentence, and the blood alcohol concentration of the defendant at the time of detection was 0.205%, it is recognized that the defendant was committed the crime of this case, and seven years have passed since the defendant was punished for the crime of this case, and the defendant was finally punished for the crime of violation of the Road Traffic Act. The defendant did not have any history of punishment for the same kind of crime; the defendant was not causing traffic accident; the defendant was driving a vehicle only at a short distance of about 30 meters, and the vehicle was parked immediately after driving the vehicle, and then parked the vehicle immediately, it was found that the above vehicle was subject to drinking control from the police officer who was dispatched after receiving a report that he was diving, taking into account the records and arguments of this case, such as the age, character and behavior, environment, motive for and circumstances after the crime, etc., and the sentencing conditions of this case.

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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