beta
(영문) 서울북부지방법원 2018.10.26 2018노1386

도로교통법위반(음주운전)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (amounting to five million won) is too uneasy and unreasonable.

2. At the time of the judgment of the case, there are circumstances such as the Defendant’s blood alcohol concentration high, the Defendant did not receive a letter from the injured party, the Defendant appears to not properly recover damage, and the Defendant was sentenced to a suspended sentence of imprisonment for violent crimes in 2014. However, the Defendant did not have any history of criminal punishment in the past, the victim’s damage level is relatively minor, there is no special circumstance or change that can be newly considered in sentencing after the decision of the court below, and all other sentencing circumstances such as the Defendant’s age, sex behavior, family relation, motive, means and consequence of the crime, and the circumstances after the crime, etc., the Prosecutor’s assertion is not acceptable.

3. The appeal by the prosecutor of the conclusion is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.