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(영문) 의정부지방법원 2020.11.05 2019노2734

도로교통법위반(음주운전)

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The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (fines 5,00,000) is too unhued and unreasonable.

2. In 2011, the judgment defendant has been punished for drinking driving.

In this case, the level of driving in this case is very high, and the distance of driving is also driving.

Social demand is also high that a person who repeats drinking driving or drives a vehicle in a state of drinking.

On the other hand, the defendant shows his attitude to reflect his wrongness in depth.

Criminal records are relatively old and there are no other criminal records except the defendant.

In addition, even if the defendant's age, living environment, motive and background of the crime, circumstances after the crime, criminal records, etc. are considered, the sentence of the court below that sentenced the maximum amount of the fine is too uneasible and unreasonable.

The prosecutor’s assertion of unfair sentencing is difficult to accept.

3. The appeal by the prosecutor of the conclusion is groundless, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.