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(영문) 인천지방법원 2019.02.13 2018노4270
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The court below dismissed the prosecution as to the violation of the Road Traffic Act among the facts charged in this case, and convicted only of the violation of the Road Traffic Act, the Road Traffic Act, and the Guarantee of Automobile Accident Compensation Act.

However, the defendant appealed only to the guilty portion of the judgment below, and since the dismissal part of the public prosecution is not appealed by the prosecutor, the dismissal part of the public prosecution among the judgment below becomes final and conclusive, only the remaining guilty portion shall be subject

2. The summary of the grounds for appeal (e.g., imprisonment) by the lower court (e.g., imprisonment) is too unreasonable.

3. In light of the various sentencing conditions shown in the instant judgment records and arguments, the lower court’s punishment is too unreasonable, even considering the circumstances alleged by the Defendant as the grounds for appeal.

4. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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