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(영문) 수원지방법원 2017.05.31 2016노8826
도로교통법위반(음주운전)등
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 eight months of imprisonment, and forty hours of participation in community service and law-abiding driving lectures) is too uneased and unreasonable.

2. In light of the fact that the Defendant committed the instant crime even though he/she had a criminal record due to drinking or driving without driving, it is necessary to punish the Defendant with strict punishment.

However, in full view of the following: (a) the Defendant’s mistake is seriously against the Defendant; and (b) there is no previous conviction exceeding the fine; and (c) the circumstances of the instant crime; (d) the Defendant’s age; and (e) the Defendant’s sexual conduct; and (e) various sentencing conditions indicated in the instant argument, such as the circumstances after the instant crime was committed; and (e) the Defendant’s age

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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