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(영문) 인천지방법원 2013.07.26 2013노1337
도로교통법위반(음주운전)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two years of suspended sentence for eight months of imprisonment and forty hours of attending the compliance driving course) declared by the court below is too unfasible and unfair.

2. The judgment of the court below is high, and the defendant has already been punished several times for the same kind of crime is disadvantageous to the defendant, or the defendant reflects the defendant's criminal act, the suspension of execution of the same kind of crime was sentenced on October 2002, and the judgment of the court below against the defendant was not committed for ten years. The sentence against the defendant seems to have been determined in full consideration of the above various circumstances. There is no change of circumstances that may vary between the court below and the court below, and there is no other change of circumstances that can be different from the court below. In full view of other various circumstances, including the defendant's age, character, character, environment, family relationship, criminal record, circumstances after the crime, and motive and circumstance of the crime, the prosecutor's assertion is not acceptable since the defendant's sentence is too uneasible.

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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