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(영문) 서울동부지방법원 2019.10.10 2019노814

도로교통법위반(음주측정거부)

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 there was no record of the same kind of crime for the past seven years, and other reasons for sentencing specified in the arguments and records of the instant case, the lower court appears to have been reasonably determined by fully taking into account all the circumstances, including the various reasons for sentencing asserted by the prosecutor, and no 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.