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(영문) 광주지방법원 2017.09.28 2017노236
도로교통법위반(음주운전)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (the imprisonment of six months, the suspension of the execution of two years, the community service, and the order to attend lectures) is too unhued and unreasonable;

2. In full view of the following: (a) the Defendant had been punished twice due to drinking without a license, even though he/she had the history of being punished once due to driving without a license; (b) the driving without a license and driving without a license; (c) the alcohol concentration level in blood was considerably high; (d) the Defendant’s mistake is against his/her age, sex, environment, family relationship, circumstances after the commission of the crime, and other various sentencing conditions in the instant records and arguments, such as the Defendant’s age, sex, environment, family relationship, circumstances after the commission of the crime, etc., it does not seem that the lower court’s punishment

3. The appeal by the public prosecutor on the conclusion of the judgment is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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