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(영문) 인천지방법원 2020.09.25 2020노493
도로교통법위반(음주운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of 6 million won) imposed by the court below on the defendant is too uneased and unreasonable.

2. The judgment was examined, and the Defendant, on April 22, 2020, once the judgment of the court below was rendered, was driving under influence without a license on April 22, 2020, and the circumstances after the crime was committed are not good. However, considering the Defendant’s age, character and conduct, and environment, as a whole, various sentencing conditions in the records and arguments of this case, such as the Defendant’s age, character and conduct, are considered as inappropriate

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.

(However, pursuant to Article 25 (1) of the Rules on Criminal Procedure, Article 55 (1) 3 of the second sentence of the judgment of the court below shall be corrected ex officio to "Article 55 (1) 6".

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