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(영문) 수원지방법원 2016.11.02 2016노2023
도로교통법위반(음주운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because of the lower court’s punishment (two years of probation, one hundred and sixty hours of probation, and forty hours of order to attend a community service order in eight months of imprisonment) too unhued.

2. Although the defendant had been already punished several times for the same crime, the nature of the crime in this case is not good even if he had been sentenced to a fine and a punishment for imprisonment, on the other hand, the defendant led to the confession of the crime in this case and reflects his mistake in depth, and there are no special circumstances to change the sentence of the court below at the time of the trial. In full view of the defendant's age, character and behavior, intelligence and environment, motive and background of the crime, means, methods, methods and results, circumstances before and after the crime, and criminal record relation, the court below's punishment is not deemed to be unfair, and thus, the prosecutor's allegation of unfair sentencing is not acceptable.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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