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(영문) 청주지방법원 2018.11.22 2018노678

도로교통법위반(음주운전)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence (10 million won in penalty) that the court below rendered by the court below on the gist of the grounds of appeal is too unfased and unreasonable.

2. The court below determined the above punishment against the defendant on the grounds as stated in its reasoning. Considering the fact that the defendant who had been sentenced to five times a fine due to the crime of drinking without a license or non-licenseing or the crime of drinking without a license, committed the crime of drinking or non-licenseing without a license, the circumstances alleged by the prosecutor on the grounds of sentencing unfavorable to the court below, such as the poor nature of the crime, are considered to have been determined by the court below, and sufficiently taken into account the circumstances alleged by the prosecutor on the grounds of sentencing unfavorable to the court below. There was an attitude against the defendant in depth when the defendant committed the crime of this case properly, and there was a situation in which the defendant had to support his mother and her aged children, and the crime of this case constitutes the so-called "nurging driving" in which the defendant drives a vehicle under the influence of a driver without a license after drinking alcohol and drinking without a license or drinking without a license, the judgment of the court below is too excessive to exceed the reasonable scope of discretion.

shall not be appointed by a person.

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 prosecutor's appeal is without merit. It is so decided as per Disposition.