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(영문) 의정부지방법원 2017.09.04 2017노1314
도로교통법위반(음주운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentencing (an amount of KRW 5 million) is too uneasy and unreasonable.

2. Although the Defendant repeatedly commits the same kind of crime, the Defendant appears to repent of the mistake in depth, and the Defendant does not commit a second offense while disposing of a vehicle.

Considering the fact that there are various conditions of sentencing as shown in the record, such as the background of the crime, the circumstances after the crime, the age of the defendant, and the conduct of sex, the sentence of the court below is too uneasible and unreasonable.

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.

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