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(영문) 수원지방법원 2016.11.02 2016노4540
도로교통법위반(음주운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (five million won of a fine) is too unhued and unreasonable.

2. Although the defendant had been punished several times for the same crime even before and at the same time, the nature of the crime in this case is not good. Meanwhile, the defendant confessions the crime in this case and reflects his mistake, there is no criminal record exceeding the fine, and there is no special reason to change the sentence of the court below when the sentencing ground of the court below is reasonable and there is no special reason to change the sentence in the court below. In full view of the defendant's age, character, character, character, intelligence and environment, motive and background of the crime, method, method, method and consequence, circumstances before and after the crime, and criminal record relation, the court below's punishment is not deemed to be unfair, and thus the prosecutor's allegation of unfair sentencing is not accepted.

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.

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