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(영문) 수원지방법원 2017.06.28 2017노655
도로교통법위반(음주운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds of appeal (two years of suspended sentence for six months of imprisonment, one hundred and twenty hours of community service) is too unfluent and unreasonable.

2. In light of the fact that the defendant committed the instant crime even though he/she had committed two or more identical criminal records, it is necessary to punish the defendant strictly.

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

In full view of the circumstances surrounding the instant crime, the circumstances following the instant crime, the Defendant’s age, the Defendant’s sexual behavior, and the environment, etc., the lower court’s punishment is too uneasy and unreasonable, and thus, the Prosecutor’s 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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