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(영문) 부산지방법원 2018.08.17 2018노1853

도로교통법위반(음주운전)

Text

The prosecutor's appeal is dismissed.

Reasons

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

2. The judgment driving is a serious crime that is likely to cause unexpected conduct to the life and home of others, as well as himself/herself, by raising the possibility of traffic accidents.

Although the defendant had been punished twice due to drinking driving, he again committed the crime of this case.

However, in full view of all the favorable circumstances (such as the Defendant’s age and character intelligence environment, motive means and consequence of the crime, and circumstances after the crime, etc.), including favorable circumstances (the confessions, the driving of drinking alcohol, and the previous previous convictions that have not been punished for the same kind of crime) presented by the lower court in the reasons for sentencing, the lower court’s judgment exceeded the reasonable bounds of its discretion, and the lower court’s judgment exceeded the reasonable bounds of its discretion.

There is no circumstance that the assessment or maintenance thereof is deemed unfair (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Therefore, the lower court’s sentencing is appropriate, and the prosecutor’s assertion is without merit.

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 appeal is without merit. It is so decided as per Disposition.