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(영문) 광주지방법원 2017.08.17 2016노4625
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 (4 million won in penalty) is too unfilled and unreasonable.

2. The court below's punishment cannot be deemed unfair on the ground that the court below's punishment is too unfilled, considering the following circumstances: (a) although the defendant had been revoked his/her license due to drinking for about five months prior to the crime in this case; (b) the quality of the crime was inferior; (c) the alcohol concentration in blood was considerably high; (d) the defendant reflects the defendant's mistake; (e) the driving distance was relatively short; and (e) other favorable circumstances, such as the defendant's age, sexual behavior, environment, family relationship, circumstances after the crime, and other various sentencing conditions specified in the records and arguments of this case, such as punishment for the same kind of crime, other than punishment for the same kind of crime, were taken into account; and (e) other various sentencing conditions specified in the records and arguments of this case.

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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