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(영문) 인천지방법원 2019.09.06 2018노3896
도로교통법위반(음주측정거부)등
Text
The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for 10 months, 200 hours in community service, and 40 hours in a compliance driving lecture) that the court below sentenced the defendant is too uneasible and unfair.
2. We examine the judgment, and consider various sentencing conditions as shown in the records and arguments of this case, even if considering the circumstances alleged by the prosecutor as the grounds for appeal, the lower court’s punishment is too uneasible and unreasonable.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.