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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 광주지방법원 2014.10.30 2014노1019
도로교통법위반(음주측정거부)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (five million won of a fine) is too unhued and unreasonable.

2. The judgment of the court below is disadvantageous to the defendant, but it seems that the defendant committed the crime in this case without a motorcycle driver's license. The defendant had no record of punishment for driving under the mandatory insurance without a motorcycle driver's license; the defendant's age, character and conduct, environment, circumstances of the crime in this case and the result of the crime in this case; the defendant had record of being sentenced two times due to drinking driving; on October 25, 2012, the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Doing Vehicle) was sentenced two years due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Doing Vehicle) in Gwangju District Court's net Support on October 25, 2012; it seems that the defendant committed the crime in this case without being aware of the fact that he committed the crime in this case, and there is no record of punishment for driving under the influence of alcohol since 2004; the defendant's age, character and behavior, circumstances, and result after the crime in this case.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 346 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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