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(영문) 서울동부지방법원 2019.08.22 2019노531

도로교통법위반(음주측정거부)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment of KRW 10 million (a fine of KRW 10 million) is too unhued and unreasonable.

2. In full view of the fact that the Defendant’s judgment reflects the crime and did not repeat the crime; that the Defendant does not have the same drinking or driving force without obtaining a license; and that there are other reasons for sentencing indicated in the arguments and records of the instant case, the lower court’s sentencing on the Defendant appears to have been appropriately determined by fully considering all the circumstances including the various sentencing grounds asserted by the Prosecutor; and no other special circumstance exists to the extent that the lower court’s sentence should be changed.

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