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(영문) 의정부지방법원 2017.09.04 2017노1548
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 unreasonable.

2. In light of the fact that the Defendant had been punished twice due to the refusal of drinking alcohol measurement, but the Defendant is in profoundly against and does not repeat again while disposing of the vehicle, and other various sentencing conditions indicated in the record, such as the background of the crime, the age of the Defendant, and family relationship, the lower court’s punishment 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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