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(영문) 광주지방법원 2019.10.31 2019노620
도로교통법위반(음주운전)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (a fine of KRW 7,00,000) is too unhued and unreasonable.

2. The fact that the defendant committed the instant crime again during the period of repeated crime resulting from the same kind of crime even though he/she had been tried by several times, is disadvantageous to the defendant.

On the other hand, it is more favorable to the fact that the defendant seems to reflect his mistake, that the electric kickboard did not have a relatively large degree of risk to others compared to the driving of the motor vehicle, and that the defendant seems to have reached the crime of this case without properly recognizing the legal prohibition.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, and environment, and various sentencing conditions shown in the instant records and pleadings, it is not recognized that the lower court’s punishment is too unjustifiable, and thus, the Prosecutor’s assertion is without merit.

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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