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(영문) 광주고등법원 2013.06.27 2013노93
도로교통법위반(음주운전)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s judgment on the grounds of appeal by the Prosecutor is unreasonable as it is too unfasible to the extent that a fine (10 million won) is too unfased.

2. In full view of all the circumstances revealed in the arguments of this case, including the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, etc., even though the nature of the crime of this case is not good, the prosecutor’s above assertion is not reasonable because the Defendant led to the confession of the crime of this case and reflects the mistake, and the Defendant supporting the mother with dementia symptoms, and the Defendant’s age, character and conduct and environment, motive, means and consequence of the crime, etc. are too uneasible and unreasonable.

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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