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(영문) 광주고등법원 2013.05.16 2012노566
도로교통법위반(음주운전)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The Prosecutor’s summary of the grounds for appeal (a fine of 2.5 million won) is deemed to be too unhued and unreasonable.

2. There are circumstances unfavorable to the Defendant, such as the fact that the Defendant’s blood alcohol level at the time of driving under the influence of alcohol was higher than 0.201%, and that the Defendant received a fine of KRW 2.5 million due to drinking driving from the Gwangju District Court Branch in around 2001.

However, there is no same criminal records except for the defendant's confession of the crime of this case and reflects the mistake of the defendant, and the crime of this case is operated under the responsibility of the defendant's mother to the house in which his mother is living due to incombustibility with his family members and to prevent the crime of this case.

In full view of all the circumstances revealed in the arguments in this case, such as the Defendant’s age, character and conduct and environment, motive, means and consequence of the crime, etc., the lower court’s punishment cannot be deemed to be too unreasonable, 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 as it is without merit. It is so decided as per Disposition.

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