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(영문) 인천지방법원 2020.06.12 2019노3032
도로교통법위반(음주운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for not less than two years, probation, community service hours, and 40 hours during a compliance driving course) that the court below sentenced to the defendant is too uneasible and unfair.

2. In a case where there is no change in the conditions of sentencing compared with 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 it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In light of the records and arguments of the instant case, considering the circumstances asserted by the prosecutor as the grounds for appeal, the lower court’s punishment is too unfasible and it does not seem to have exceeded the reasonable scope of discretion, even in light of 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 as it is without merit. It is so decided as per Disposition.

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