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(영문) 인천지방법원 2016.09.28 2016노76
도로교통법위반(음주운전)등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (the penalty amounting to KRW 7,00,000) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below on the defendant is too unhued and unfair.

2. There is no change in circumstances that could consider the sentencing after the judgment of the court below, and considering the conditions of sentencing as indicated in the records and arguments of this case and the reasons for the sentencing of the court below, even if considering the circumstances asserted by the defendant and the prosecutor on the grounds of appeal, the court below’s punishment is too heavy or it does not seem unfair.

3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

4. Pursuant to Article 25(1) of the Regulation on Criminal Procedure for the Correction of the original judgment, the conduct No. 18 and No. 1 and No. 3 are corrected as follows.

On August 20, 2007, the Defendant was issued a summary order of KRW 5 million with a fine of KRW 5 million due to a violation of road traffic law (drinking) in the Busan District Court's Branch Branch Branch on August 20, 2007, and a summary order of KRW 2.5 million with the same court on July 27, 2010 as a crime of violation of road traffic law (drinking).

Act

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