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(영문) 인천지방법원 2017.07.19 2017노1667
도로교통법위반(음주운전)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the court below sentenced the defendant (one year of suspended sentence in six months of imprisonment and 40 hours of order to attend a course) is too uneasable and unfair.

2. Taking into account the various sentencing conditions as shown in the instant judgment records and arguments, the lower court’s sentence is too unfasible and unreasonable, even considering the circumstances asserted by the prosecutor on the grounds of appeal.

3. In conclusion, 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 (Article 25(1) of the Regulation on Criminal Procedure, however, “1. Violation of Road Traffic Act (driving without Permission)” at the last page 1 of the judgment of the court below ex officio pursuant to Article 25(1) of the Regulation on Criminal Procedure, and then “traffic Act (driving without Permission)” is added.

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