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(영문) 청주지방법원 2016.07.01 2015노1416
도로교통법위반(음주운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (two years of suspended sentence of six months, one year of surveillance of protection, one year of community service, 80 hours of compliance instruction, 40 hours of compliance driving instruction) is too uneasy and unfair.

2. The lower court appears to have sentenced the above sentence by taking into account all favorable and unfavorable circumstances to the Defendant.

In light of the motive and circumstance of the instant crime in the trial, the sentencing of the lower court exceeded the reasonable bounds of discretion, in full view of the following factors: (a) the motive and consequence of the instant crime; (b) the Defendant’s punishment history, age, sexual conduct, occupation, family relation; and (c) the statutory penalty;

There is no circumstance to find out that the lower court’s maintenance of sentencing is unfair or that it is deemed unfair (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Accordingly, the prosecutor’s sentencing and light judgment cannot be accepted.

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 appeal is without merit. It is so decided as per Disposition.

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