(영문) 서울중앙지방법원 2013.09.12 2013노2409



The prosecutor's appeal is dismissed.


1. The gist of the grounds for appeal is that the lower court’s punishment (7 million won of a fine) is too unhued and unreasonable.

2. Although the nature of the crime of this case is bad and the degree of injury of the victim is not weak, the defendant's wrong and reflects the defendant's wrong, there is room for somewhat considering the circumstances of drinking driving, deposit of 2.5 million won to the injured victim, except once a fine is imposed, and there is no record of punishment except once a fine is imposed, and other conditions of sentencing as shown in the argument of this case such as the defendant's age, character, conduct, occupation, and environment do not seem to be too unjustifiable.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.