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(영문) 인천지방법원 2017.01.18 2016노3673

도로교통법위반(음주운전)

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the court below rendered on the defendant is too unfasible and unfair.

2. Taking into account the sentencing conditions revealed in the records and arguments of the instant case, even considering the circumstances asserted by the prosecutor on the grounds of appeal, the lower court’s sentence is too uneasible and unreasonable.

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 prosecutor's appeal is without merit. It is so decided as per Disposition.

4. In accordance with Article 25(1) of the Regulations on Criminal Procedure, the written judgment of the court below shall be corrected ex officio as follows:

The following is added between the last two parallels and the second parallels. The defendant was issued a summary order of KRW 2 million on October 4, 2003 as a crime of violating the Road Traffic Act (drinking driving) at the Southern Branch of the Seoul District Court, and on December 31, 2012, the Incheon District Court issued a summary order of KRW 5 million due to the crime of violating the Road Traffic Act (drinking driving) at the Incheon District Court.

See 2, 9 and 10 "The investigation report (the confirmation report on the criminal suspect's history of punishment for driving) and a copy of the summary order attached thereto" of the 2nd conduct and 10th conduct.