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(영문) 의정부지방법원 2020.04.27 2019노3277
도로교통법위반(음주운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal and the sentencing (the original court: a fine of 20 million won);

2. The question of the judgment is that the prosecutor's responsibility for the recidivism during the period of suspension of execution is heavier than that of the criminal defendant.

However, in full view of the circumstances determined by the lower court and the sentencing conditions under Article 51 of the Criminal Act, the lower court’s sentencing is acceptable and it is not unreasonable by the prosecutor.

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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