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(영문) 인천지방법원 2016.07.20 2016노1280
도로교통법위반(음주운전)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unlawful in sentencing) that the sentence imposed by the lower court on the Defendant (two years of suspended sentence for one year, two years of probation, 40 hours of observation of protection, and alcohol treatment lectures, and 40 hours of an order to attend a compliance driving lectures) is too unfluent and unreasonable.

2. In light of the fact that there is no change of circumstances after the judgment of the court below, and the sentencing conditions as shown in the records and arguments of this case are compared with the reasons for the sentencing of the court below, the sentence of the court below is too unjustifiable, even considering the circumstances asserted by the prosecutor on the grounds of appeal

3. In conclusion, the prosecutor’s appeal is without merit, and the prosecutor’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition (Article 25 of the Rules on Criminal Procedure, “the application of statutes” as provided by Article 25 of the Rules on Criminal Procedure is added to “1. Selection of punishment, and Selection of Imprisonment.”

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