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(영문) 광주지방법원 2015.11.24 2015노1328
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 (five million won of a fine) is too unhued and unreasonable.

2. In full view of the elements of the unfavorable sentencing, such as the fact that the Defendant driven a vehicle while driving the vehicle while driving the vehicle at a level of 0.132% in blood alcohol level, the shock of the vehicle parked while driving the vehicle and the degree of the owner of the damaged vehicle, the Defendant reflects the recognition of the crime in the trial, and the factors of favorable sentencing, such as the fact that the Defendant was sentenced to a fine of KRW 700,000 due to a drunk driving in 205, and other circumstances that form the conditions of the sentencing specified in the records and arguments of this case, such as the Defendant’s age, character and behavior, and environment, it cannot be deemed unfair that the lower court’s sentence against the Defendant is too unjustifiable.

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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