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(영문) 광주지방법원 2018.04.04 2017노3588
도로교통법위반(음주운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence of the lower court (the imprisonment of six months, the suspension of the execution of two years, the observation of protection, the enforcement of forty hours, and the order to attend a alcohol treatment lectures for forty hours) is deemed to be too uneasy and unreasonable.

2. In full view of the circumstances unfavorable to the Defendant, such as the fact that the Defendant had been subject to six times punishment due to drinking driving, etc., or the fact that the Defendant recognized his mistake and reflects against the Defendant, the Defendant is a blind person with a disability, and the circumstances where it is difficult for the Defendant to maintain his livelihood, the lower court’s punishment is too uneasible and is not deemed unfair, and thus, the prosecutor’s above assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.

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