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(영문) 인천지방법원 2020.06.05 2019노2742
도로교통법위반(음주운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with labor for not less than two years, community service order 80 hours, and order to attend a compliance driving lecture for a period of not less than 40 hours), which the court below sentenced to the defendant, is unreasonable.

2. In light of the following: (a) there is no change of circumstances to consider the sentencing after the judgment of the court below; and (b) considering the records and various conditions of sentencing as indicated in the pleadings, even if the prosecutor asserts as the grounds for appeal, the sentence of the court below is too uneasible and unreasonable.

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.

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