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(영문) 창원지방법원 2020.02.06 2019노2548

도로교통법위반(음주운전)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for up to eight months) by the lower court is too uneasible.

2. The lower court appears to have determined the sentence within the reasonable scope of discretion by fully taking into account the circumstances favorable to the Defendant and the unfavorable circumstances, and there is no special circumstance to change the sentencing after the lower judgment was sentenced.

In addition, considering the following circumstances, the Defendant’s age, character and conduct, environment, records of crime, the circumstances leading to the instant crime, and circumstances after the instant crime, the lower court’s punishment against the Defendant is too uneasible.

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