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(영문) 서울중앙지방법원 2016.11.24 2016노2625
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor, two years of suspended execution, and 240 hours of community service order) of the lower court is deemed to be too uneasible and unfair.

2. The judgment of the Defendant is an unfavorable condition to the Defendant, such as the fact that the Defendant had been punished twice or twice but again led to a drunk driving, that the blood alcohol concentration is not low, and that the so-called “large-type vehicle” is not registered in the register of automobiles without mandatory insurance, etc.

However, in full view of the following circumstances: (a) the Defendant recognized each of the instant offenses; (b) agreed with the victim; and (c) the Defendant’s age, character and conduct; (b) the environment; and (c) other circumstances that are conditions for sentencing as indicated in the record, the sentence imposed by the lower court is too uneasible and unreasonable.

The prosecutor's assertion of unfair sentencing is without merit.

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

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