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(영문) 수원지방법원 2020.12.11 2020노3903

도로교통법위반(음주운전)

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of KRW 7 million) of the lower court is too unfilled and unreasonable.

2. In full view of the grounds for sentencing indicated in the argument and records of the instant case, the lower court appears to have been reasonably determined by fully considering the various grounds for sentencing alleged by the prosecutor, and there is no special circumstance to ex post facto change the sentencing.

3. In conclusion, the prosecutor's appeal 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.

(However, Article 55 (1) 3 of the Second 15 of the judgment of the court below is clear that "Article 55 (1) 3" is an erroneous entry under Article 55 (1) 6, and such error is corrected ex officio in accordance with Article 25 (1) of the Rules on Criminal Procedure.