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(영문) 인천지방법원 2021.02.05 2020노1544
도로교통법위반(음주운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the court below rendered on the defendant is too unfasible and unfair.

2. In light of the records and arguments of the instant case, where there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In light of the following: (a) there is no change in circumstances that may consider the sentencing after the lower court’s judgment; (b) there is no criminal record exceeding the Defendant; and (c) there is no criminal record of violation of the traffic law (d) there is a considerable interval of time between the Defendant and the Defendant’s previous crime; and (b) there is a history of punishment for violation of the traffic law (d) a considerable interval of time between the instant case and the instant crime, 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 grounds that the appeal is without merit. It is so decided as per Disposition.

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