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(영문) 인천지방법원 2018.12.19 2018노1386
도로교통법위반(음주운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the court below is unreasonable as it is too unfasible that the sentence (five million won penalty amount) imposed on the defendant is too unfased.

2. We examine the judgment, and consider the various sentencing conditions as shown in the records and arguments of this case, even if considering the circumstances alleged by the prosecutor on the grounds of appeal, the lower court’s sentence is too unfasible and unreasonable.

3. In conclusion, the prosecutor’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act on the grounds that the prosecutor’s appeal is without merit. It is so decided as per Disposition by the court below (Provided, That pursuant to Article 25(1) of the Rules on Criminal Procedure, the part of the judgment below’s final action on the first page under Article 25(1) of the Rules on Criminal Procedure is corrected to the “issued”

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