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(영문) 청주지방법원 2018.11.01 2018노648
도로교통법위반(음주운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence (7 million won in penalty) that the court below rendered by the court below on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.

2. The court below decided the above punishment against the defendant on the grounds as stated in its reasoning. The defendant committed the crime of this case during the suspension of execution, not only committed the crime of this case while the defendant was under the influence of drinking, but also committed the crime of a three-time fine for the defendant. The circumstances alleged by the prosecutor as a reason for sentencing unfavorable to the trial in the court below seems to have been sufficiently taken into account when determining the punishment in the court below. In addition, the crime of this case was committed by the defendant who moved to his residence by proxy driving, and was committed in the course of parking the vehicle on the underground parking lot, and there is no room to consider the circumstances of the crime, considering that the sentencing of the court below is too unhued so far as the sentencing of the court below exceeded the reasonable scope of discretion.

shall not be appointed by a person.

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 prosecutor's appeal is without merit. It is so decided as per Disposition.

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