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(영문) 서울동부지방법원 2019.11.29 2019노894
도로교통법위반(음주운전)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for not less than two years, community service hours, 80 hours, and 40 hours during the compliance driving course) of the lower court is deemed to be too uneasible and unfair.

2. In full view of the grounds for sentencing indicated in the argument and the record of the instant case, including the fact that there was no history of punishment heavier than the fine for judgment, the lower court appears to have been reasonably determined by fully taking into account all the circumstances, including the multiple sentencing grounds asserted by the prosecutor, and no special circumstance exists to the extent of changing the lower court’s punishment.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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