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(영문) 수원지방법원 2017.08.09 2017노1372
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 execution, two years of probation, one hundred and twenty hours of community service, and forty hours of lectures of compliance driving) is too uneasy and unreasonable.

2. In light of the fact that the Defendant had a criminal record related to traffic, including three times before driving alcohol, it is necessary to punish the Defendant with strict punishment.

However, the defendant again does not drive a drinking again.

In full view of the fact that the court below's punishment is too low and that the defendant's health seems to be not good, and the circumstances of the crime of this case, the circumstances after the crime of this case, the age of the defendant, sexual conduct, environment, etc., as well as the various sentencing conditions shown in the arguments of this case, it is not recognized that the prosecutor's assertion is unfair.

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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