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(영문) 광주지방법원 2017.06.14 2016노4054
도로교통법위반(음주측정거부)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a punishment of imprisonment for eight months, a suspended sentence of two years, a fine of 300,000 won, a surveillance of protection, an order to attend a law-abiding lecture for forty hours, an order to attend a law-abiding lecture for forty hours, and an order to attend a alcohol treatment lecture for forty hours) that the court below sentenced the defendant is too unfford and unreasonable.

2. In light of the following: (a) there is no particular change in the sentencing conditions compared to the lower court’s determination; and (b) there are various sentencing conditions indicated in the instant records and pleadings, the lower court’s punishment seems unfair. Therefore, the Prosecutor’s aforementioned assertion is without merit.

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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