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(영문) 인천지방법원 2016.11.16 2016노2965
도로교통법위반(음주운전)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of KRW 10,00,000) imposed by the lower court on the Defendant is too uneased and unreasonable.

2. In light of the sentencing conditions as indicated in the records and arguments of this case, the lower court’s sentence is too uneasible and unreasonable, even considering the circumstances asserted by the prosecutor as the grounds for appeal.

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. It is so decided as per Disposition.

4. In accordance with Article 25(1) of the Regulations on Criminal Procedure, ex officio correction of the judgment of the court below shall be made as follows:

The defendant issued a summary order of KRW 1.5 million at the Incheon District Court on February 14, 2007 as a crime of violation of the Road Traffic Act (driving) at the Incheon District Court on February 6, 2009, a summary order of KRW 2.5 million as a crime of violation of the Road Traffic Act (driving without a license), a fine of KRW 2.5 million at the Suwon District Court on February 6, 2009, a summary order of KRW 3 million as a crime of violation of the Road Traffic Act (driving without a license) at the Incheon District Court on January 16, 2009, and a summary order of KRW 3 million as a crime of violation of the Road Traffic Act (driving without a license) was issued on November 25, 2014.

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