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(영문) 서울동부지방법원 2017.12.14 2017노1284
도로교통법위반(음주운전)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal is improper because the punishment (3 million won in penalty) declared by the court below is too unhued.

2. The judgment is recognized that the defendant repeated again during the period of the suspension of execution due to the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (i.e., vehicles for escape), and that the defendant continued to operate the vehicle operated at the time of the crime despite the revocation of the driver's license. However, considering all kinds of sentencing conditions indicated in the pleadings of this case, such as the defendant's age, sex, home environment, the circumstances and results of the crime of this case, and the following circumstances, it is not recognized that the sentence of the court below is too uneasible and unfair. Thus, the prosecutor's assertion is without merit.

3. Accordingly, the Prosecutor’s appeal of this case is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal of this case is without merit. It is so decided as per Disposition.

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