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(영문) 의정부지방법원 2017.08.21 2017노1164
도로교통법위반(음주운전)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (7 million won in penalty) is too uneasy and unreasonable.

2. Determination of the Defendant has the record of being sentenced to the punishment of a fine due to drinking alcohol driving in 2002 and 2005. In 2015, the Defendant was subject to the punishment of a fine due to non-license driving in 2016, and the Defendant’s blood alcohol concentration was considerably high, but it is against the Defendant’s blood content. However, taking account of the circumstances leading up to the instant crime, the circumstances leading up to the instant crime, the Defendant’s age, the Defendant’s age, sexual behavior, environment, etc., the lower court’s punishment is too unjustifiable 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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