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(영문) 인천지방법원 2020.09.25 2020노557
도로교통법위반(음주운전)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two years of suspended sentence for one year of imprisonment, 80 hours of community service order, and 40 hours of order to attend a compliance driving course) that the court below sentenced the defendant is too unfford and unreasonable.

2. In light of the records of this case and the various sentencing conditions shown in the pleading, such as: (a) there is no change in circumstances that may consider the sentencing after the judgment of the court below; (b) there is no criminal record that exceeds the fine of the defendant; (c) there is a family member who needs the support of the defendant; (d) the defendant's blood alcohol concentration does not relatively high; and (e) the defendant disposes of the vehicle possessed by the defendant as he does not drive under the influence of alcohol again; and (e) there is a claim against the defendant that the defendant will not drive under the influence of alcohol again; and (e) there is a claim against the defendant that the defendant will not drive under the influence of alcohol; (b) even

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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