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(영문) 수원지방법원 2016.07.22 2016노929
도로교통법위반(음주운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence of the lower court’s order (ten months of imprisonment, two years of suspended sentence, two years of community service order, 120 hours of community service order, and 40 hours of lecture for compliance driving) to the gist of the grounds for appeal is too uneasible and unreasonable.

2. Examining the sentencing conditions as indicated in the records and arguments of this case and the reasons for sentencing of the judgment of the court below, considering all the circumstances alleged by the prosecutor on the grounds of appeal, the lower court’s sentence cannot be deemed to be too uneasible and unreasonable.

Therefore, the prosecutor's improper argument of sentencing is not accepted.

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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