beta
(영문) 인천지방법원 2018.12.05 2018노2894

도로교통법위반(음주운전)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the lower court sentenced the Defendant (two years of suspended sentence in the month of imprisonment with prison labor, two years of probation observation, 40 hours of lectures to observe law, and 160 hours of community service) is deemed to be too uneasy and unfair.

2. We examine the judgment, and consider the various sentencing conditions as shown in the records and arguments of this case, even if considering the circumstances alleged by the prosecutor on the grounds of appeal, the lower court’s sentence is too unfasible 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.