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(영문) 창원지방법원 2016.12.15 2016노2509
도로교통법위반(음주운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant to the punishment (the imprisonment of eight months, the suspension of the execution of two years, and the participation in the compliance driving lecture) is too uncomfortable and unfair.

2. As stated in detail in the reasons for the sentencing, the lower court, as well as the reasons for the sentencing, determined the sentence by fully taking account of the overall circumstances regarding the sentencing of the Defendant, and it appears that it is within a reasonable scope, and there are no circumstances to be newly considered in the trial. Therefore, it is not recognized that the lower court’s sentence is too uneasible and unreasonable.

3. If so, the prosecutor's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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