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(영문) 전주지방법원 2020.08.19 2020노814
도로교통법위반(음주운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (one year of imprisonment and two years of suspended execution, etc.) is too unhued and unfair.

2. The lower court determined that the Prosecutor had already been sentenced to punishment by fully taking account of all the circumstances, including the circumstances alleged as the grounds for appeal.

Even if the sentencing grounds revealed during the pleading of this case are re-examineed, such as the fact that there is no history of punishment exceeding the fine due to the same crime, the sentencing of the court below is too uneasible and unreasonable.

Therefore, prosecutor's assertion is not accepted.

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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