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(영문) 인천지방법원 2020.04.10 2019노1326
도로교통법위반(음주운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment for six months, suspension of execution for two years, and suspension of compliance driving for 40 hours) that the lower court sentenced the Defendant is too uneased and unreasonable.

2. In light of the various sentencing conditions in the instant case’s records and pleadings, such as the fact that there is no change of circumstances to consider the sentencing after the judgment of the court below, and that the Defendant is against all the charges that have been recognized by the court of the party branch, etc., even if considering the circumstances alleged by the prosecutor as the grounds for appeal, the sentence of the court below is too unjustifiable.

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.

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