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(영문) 광주지방법원 2018.03.28 2018노345
도로교통법위반(음주운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (seven months of imprisonment) is too unhued and unreasonable.

2. The judgment of the court below was punished six times prior to the instant case; the Defendant again committed the instant crime without being aware of even during the period of repeated crime; and the Defendant caused a traffic accident while driving alcohol; on the other hand, it is more favorable for the Defendant to recognize and reflect his mistake. In full view of the circumstances leading to the instant crime, the circumstances following the instant crime, the Defendant’s age, sexual behavior, environment, etc., and other various sentencing conditions as shown in the instant argument, such as the circumstances leading up to the instant crime, the lower court’s punishment is too uneasible and unfair. Therefore, the Prosecutor’s aforementioned assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.

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