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(영문) 광주지방법원 2017.09.27 2016노5056
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 (the imprisonment of eight months, the suspension of execution of two years, the observation of protection, the community service order 120 hours, the order to attend a law-abiding lecture 24 hours, and the order to attend a law-abiding lecture 40 hours) is too uneasy and unreasonable.

2. In light of the following: (a) there is no particular change in the sentencing conditions compared to the lower court’s determination; and (b) there are various sentencing conditions indicated in the instant records and pleadings, the lower court’s punishment seems unfair. Therefore, the Prosecutor’s aforementioned assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.

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