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(영문) 수원지방법원 2017.04.21 2016노6096
도로교통법위반(음주운전)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (two years of suspended execution, two years of surveillance, and one hundred and twenty hours of community service order in the month of imprisonment with prison labor) is too uneased and unreasonable.

2. The defendant has been punished three times due to drinking, and the fact that the defendant once again drives drinking and driving without a license is disadvantageous to the defendant.

On the other hand, in full view of the circumstances favorable to the defendant, such as the fact that the defendant repents and reflects his mistake in depth, and that the defendant has no record of being sentenced to a fine in excess of the same kind of crime, and other circumstances that form the conditions for the sentencing specified in the instant case, such as the defendant's age, sex, environment, motive for the crime, and circumstances after the crime, it cannot be said that the sentence of the court below is too unjustifiable and unfair.

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. It is so decided as per Disposition.

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