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(영문) 서울중앙지방법원 2017.05.11 2016노4554
도로교통법위반(음주운전)등
Text

The prosecutor's appeal is dismissed.

Reasons

The summary of the grounds for appeal (unfair sentencing) sentenced by the court below is unfair because it is too uneasible to the punishment (for six months of imprisonment, two years of suspended execution, and forty hours of compliance driving).

Judgment

Although the defendant had been punished by a fine of KRW 2.5 million due to drinking driving in 2015 and a fine of KRW 2 million due to drinking driving in 2016, the crime of this case is serious in that he/she has repeatedly carried out drinking and driving without a license within a short time.

However, in full view of the fact that the defendant recognized his mistake and reflects the defendant's age, sex, environment, and circumstances after the crime, etc., the sentence of the court below cannot be deemed to be unfair because it is too unfeasible.

In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is without merit. It is so decided as per Disposition.

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