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(영문) 수원지방법원 2017.11.22 2017노5519
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 (4 million won in penalty) is too unhued and unreasonable.

2. In light of the fact that the accused repeats traffic-related crimes within a short period, strict punishment corresponding thereto is necessary.

However, the defendant's mistake is divided, and the defendant will not drive drinking or drive without a license in the future.

In full view of the following facts: (a) the Defendant did not have any particular criminal history; (b) the Defendant’s age, sex and environment; (c) motive, means and consequence of the crime; and (d) various sentencing conditions as shown in the instant argument, such as the circumstances after the crime, etc., the lower court’s punishment is too unfasible and is deemed unfair. Therefore, the Prosecutor’s assertion is

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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