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(영문) 광주지방법원 2016.08.25 2016노1395
자동차손해배상보장법위반등
Text

The prosecutor's appeal is dismissed.

Reasons

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

2. The following determination is an unfavorable circumstance to the Defendant.

From 200 to 2010, the Defendant was subject to criminal punishment twice from 2000 to 2013 due to driving without a license, from 2004 to 2013, and from 2005 to 2013, the Defendant was subject to criminal punishment on two occasions from 2005 to 2013.

At the time of each of the instant crimes, the Defendant, on October 14, 2015, was under the influence of drinking and driving without a license, but was under the influence of driving on the 18th day of the same month after the fourth day of the same day.

Since the Defendant, after the institution of the instant prosecution, avoided a trial for about four months before the Defendant escaped and was arrested, the circumstances after the crime are not good.

On the other hand, the following conditions are favorable.

The defendant does not repeat again while he seriously reflects the crime.

It seems that it is difficult to do so.

Even at the time of the instant crime, the Defendant did not cause a traffic accident.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendant’s age, sexual conduct, environment, etc., as well as the various sentencing conditions indicated in the records and arguments, the prosecutor’s assertion is without merit, since the lower court’s punishment is too uneasible and it is not deemed unfair.

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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