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(영문) 광주지방법원 2014.09.25 2014노563
도로교통법위반(무면허운전)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two years of suspended sentence for eight months of imprisonment, probation, community service, and forty hours of attending a compliance driving course) of the lower court is deemed to be too uneasy and unreasonable;

2. The prosecutor’s assertion is without merit, given the favorable circumstances, such as the Defendant’s fine in 2005, 201, 201, 201, 201, 201, 0.201, 0.202% of the blood alcohol content, 0.20% of the Defendant’s mistake, or the fact that the Defendant’s distance is only one meter, and the Defendant’s age, character and behavior, environment, the background and consequence of the instant crime, and all of the sentencing conditions indicated in the instant case, such as the following: (a) the lower court’s sentence is too unjustifiable; and (b) the Prosecutor’s argument is not reasonable.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 346 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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