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(영문) 서울남부지방법원 2013.09.27 2013노1164

도로교통법위반(음주운전)

Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of a fine (2.5 million won) imposed by the public prosecutor is too unhued and unreasonable.

B. The sentence imposed by the lower court is too unreasonable.

2. The fact that the blood alcohol concentration of the judgment is high is disadvantageous to the defendant.

However, there is no possibility that the defendant has committed the same kind of crime since 2001, the fact that the current university students and basic recipients have difficulty in economic situations, and that they are against the defendant is favorable to the defendant.

In addition, comprehensively taking account of the various circumstances that are conditions for sentencing under Article 51 of the Criminal Act, such as the background, means and methods of the instant crime, the circumstances after the instant crime, and the Defendant’s age and behavior environment, etc., as indicated in the records and arguments, the sentence imposed by the lower court appears to be appropriate, and it is not deemed that it is too light or unreasonable.

3. Wherefore, the appeal by the prosecutor and the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeal by the prosecutor and the defendant are without merit. It is so decided