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(영문) 창원지방법원 2020.04.28 2019노2370

도로교통법위반(음주운전)

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of 6 million won) imposed by the court below is too unhued and unreasonable.

2. The lower court’s sentencing appears to have determined the sentence within the reasonable scope of discretion by fully taking into account the favorable or unfavorable circumstances of the Defendant, and there is no special change in circumstances that could change the sentencing after the lower judgment.

In addition, examining the defendant's age, character and conduct, environment, circumstances after the crime, circumstances after the crime, and criminal records as shown in the records and arguments of this case, it is not deemed that the sentence of the court below against the defendant is too unreasonable.

3. The prosecutor's appeal of 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.

(However, according to Article 25(1) of the Rules on Criminal Procedure, the second page 12 of the Criminal Procedure Act (Article 44(1)), "the selection of fines" shall be added ex officio to "the selection of fines."