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(영문) 제주지방법원 2019.07.04 2018노790
도로교통법위반(음주운전)등
Text

The prosecutor's appeal is dismissed.

Reasons

The prosecutor appealeds from the court below on the ground that the punishment of the court below (the fine of KRW 10 million) is too unfluent and unfair. However, in light of all the sentencing conditions shown in the records and arguments in this case, it is not recognized that the sentence imposed by the court below is too unfluent and unreasonable on the ground that it is too unfluent.

Since the prosecutor's appeal is without merit, it is dismissed pursuant to Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

[However, the part of "Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (the point of a sound driving)" in the pertinent provision on criminal facts in the context of the application of the law of the court below shall be corrected to "Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (amended by Act No. 15530, Mar. 27, 2018)" (the point of a sound driving).

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