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(영문) 광주지방법원 2013.04.03 2013노190
도로교통법위반(음주운전)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant to the punishment (limited to four months of imprisonment, two years of suspended sentence, two years of probation, and forty hours of probation and compliance driving) is too uncomfortable and unfair.

2. The judgment of the defendant is deemed to drive a motor vehicle without a driver's license while under the influence of alcohol of 0.103%, and the nature of the crime is poor, the defendant is deemed to have been punished once due to a crime of violating the Road Traffic Act due to a drunk driving, three times a fine due to a crime of violating the Road Traffic Act, and one time a fine due to a crime of violating the Road Traffic Act due to aless driving, but the defendant is deemed to have committed a crime, and the defendant has no criminal conviction heavier than a fine, and the defendant was exposed to the drinking control and was not exposed to the accident, and the accident was not caused. In full view of all the various circumstances, the defendant's age, environment, personality and behavior, how and motive leading to the crime of this case, and circumstances before and after the crime, etc., and it is not recognized that the sentence of

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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