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(영문) 전주지방법원 2020.10.21 2020노1231

도로교통법위반(음주운전)

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The prosecutor's appeal is dismissed.

Reasons

1. The sentence of the lower court (one year of imprisonment, two years of suspended execution) is deemed to be too unhued and unreasonable.

2. The lower court determined that the Prosecutor had already been sentenced to punishment by fully taking account of all the circumstances, including the circumstances alleged as the grounds for appeal.

The nature of the crime is extremely poor, such as the defendant's punishment for drinking driving and re-offending within a short period.

However, the defendant is a young age without any particular social career, and all of the crimes of this case are recognized, and there is no record of criminal punishment exceeding a fine.

In addition, even if all the sentencing conditions indicated in the records, such as the defendant's age, character and conduct, environment, circumstances after the crime, and circumstances after the crime, are re-examineed, the sentence of the court below is too weak.

Therefore, prosecutor's assertion is not accepted.

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.