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(영문) 인천지방법원 2017.11.15 2017노3197
도로교통법위반(음주운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the court below sentenced to the defendant (two years of suspended sentence in six months of imprisonment, and forty hours of order to attend a course) is too uneasable and unfair.

2. Taking into account the various sentencing conditions as shown in the instant judgment records and arguments, the lower court’s sentence is too unfasible and unreasonable, even considering the circumstances asserted by the prosecutor on the grounds of appeal.

3. In conclusion, the prosecutor’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act on the ground that it is without merit, and it is so decided as per Disposition (Article 25(1) of the Rules on Criminal Procedure). However, upon ex officio pursuant to Article 25(1) of the Rules on Criminal Procedure, “a summary order” is issued following the “1 million won” of the last 1 page of the judgment of the court below, “4 million won” of the first 2 pages, and “a summary order” was issued, and “a sentence” of the first 2 pages is respectively issued.

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