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(영문) 광주지방법원 2015.06.24 2014노2502
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 (three years of suspended sentence for one year of imprisonment, 160 hours of community service order, and 40 hours of order to attend a compliance driving lecture) is too uneased and unreasonable.

2. In light of the above circumstances, even though the Defendant had a majority of the records of punishment for the same kind of drinking, driving without a license, the Defendant committed the instant crime under the condition of 0.249 percent alcohol level, the Defendant was at an unfavorable condition, but the remaining criminal records of drinking driving except for the Defendant who was sentenced to a fine of KRW 4 million on September 25, 2013 due to the crime of violation of the Road Traffic Act (driving) on September 25, 2013 are the previous criminal records before 2008, and the Defendant has a profoundly against his/her own mistake, etc. In addition, the lower court’s punishment is not deemed unfair on account of the circumstances leading to the instant crime, the circumstances after the commission of the instant crime, the Defendant’s age, character and conduct, and the circumstances, etc., and thus, the Prosecutor’s aforementioned assertion is groundless

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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