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(영문) 수원지방법원 2016.10.21 2016노2238
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 (two years of suspended sentence for one year of imprisonment, two years of probation, and two hundred hours of community service order) is too unhued and unreasonable;

2. Although the defendant had been punished several times for the same crime even before and after the judgment had had the record of punishment, it is not good for the defendant to commit the crime of this case, on the other hand, the defendant confessions the crime of this case and reflects his mistake, the defendant has no record of having been sentenced to punishment, and there are no special circumstances to change the sentence of the court below in light of the following: the defendant's age, character, character, character, intelligence and environment, motive, background, means, method, method and consequence of the crime, circumstances before and after the crime, criminal record relation, etc., and the prosecutor's allegation of unfair sentencing is not accepted, since it is not recognized that 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 on the ground that it is without merit. It is so decided as per Disposition.

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