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(영문) 광주지방법원 2016.06.02 2015노2299
도로교통법위반(음주측정거부)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (amounting to KRW 6,00,000) is too uneased and unreasonable.

2. The lower court sentenced a fine of KRW 6,00,000, taking into account the nature of the instant crime, the Defendant’s history of punishment, etc.

In full view of the matters on the conditions of sentencing and the applicable sentences in the trial, the sentencing judgment of the court below exceeded the reasonable bounds of its discretion.

There is no circumstance that the lower court’s sentencing is deemed unfair or that it is deemed unfair to maintain the judgment (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In addition, considering the circumstances leading to the instant crime, the circumstances following the instant crime, the Defendant’s age, sexual behavior, environment, etc., the lower court’s sentence is appropriate, and it does not seem unfair as it is too uneasible.

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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