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(영문) 창원지방법원 2020.04.28 2020노92
도로교통법위반(음주운전)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of eight million won) imposed by the lower court is too uneased and unreasonable.

2. The lower court appears to have determined the sentence within the reasonable scope of discretion by fully taking into account the favorable or unfavorable circumstances to the Defendant, and there is no special circumstance to change the sentencing after the lower judgment.

In addition, examining the defendant's age, character and conduct, environment, circumstances after the crime, circumstances after the crime, and criminal records as shown in the records and arguments of this case, it is not deemed that the sentence of the court below against the defendant is too unreasonable.

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.

(However, pursuant to Article 25 (1) of the Rules on Criminal Procedure, "Articles 53 and 55 (1) 3 of the Criminal Act" as stated in the discretionary mitigation part of the application of statutes of the court below ex officio shall be corrected to "Articles 53 and 55 (1) 6 of the Criminal Act".

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